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So my question fits (broadly) two different categories on CD...
urban planning and real estate
what i am looking for is California examples of real estate transactions where local government entities used eminent domain for one intended purpose, and following the ED action, the intended purpose for the ED property changed?
regarding the latter, I have heard the phrase "assigns, successors, heirs" used....meaning that if the ED property is not put to its intended use then the property must be returned to said "assigns, successors, heirs"
So my question fits (broadly) two different categories on CD...
urban planning and real estate
, it
what i am looking for is California examples of real estate transactions where local government entities used eminent domain for one intended purpose, and following the ED action, the intended purpose for the ED property changed?
regarding the latter, I have heard the phrase "assigns, successors, heirs" used....meaning that if the ED property is not put to its intended use then the property must be returned to said "assigns, successors, heirs"
.
thx
Not being from California, I can't really cite any specific cases. However, I have been an eminent domain appraiser and consultant for many years. I believe what you are referring to, is when land is conveyed without consideration or payment for a specific public use that would normally involve buying the land in fee from the property owner. Probably more common for schools and churches, since governmental entities really do prefer buying the property outright instead.
In some instances, land can be acquired with a conditional use, and if the use changes, it is subject to be reclaimed by the original owner, or their "assigns, successors, heirs", etc.. Any time property is sold, this is typical verbiage used to described the full ownership in fee title.
However, most land acquired through eminent domain is purchased by the condemning authority at full market value. Meaning that the condemning authority owns the land in fee forever or until it is sold or conveyed to its' "successors, assigns, heirs", etc..
I would try the local law school's legal clinic...
Seriously this kind of thing takes about 90 seconds to accomplish with someone skilled in using Nexis/Lexis.
thx. i forgot about that resource. my employer has access but not so much interested in the legalities of it just more so an example
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