Real Estate & Property Law

California Farm Bureau Federation Gets it Partially Right

By Alan Ackerman

In an article written by Christine Souza, the Assistant Editor of the California Farm Bureau Federal publication, the writer covers a number of subject related to eminent domain. However, the comments made by the lawyer that agencies' appraisers go to the low side and owners are on the high side simply is not accurate. Appraisers try to be honest, basing their opinion on the facts that they know and understand. Owner appraisers simply do not go "high" in order to raise the number, but rather because the number of the agency's appraiser may be "low" premised upon different factors. On the other hand, the article recognizes that California has a specific statute providing for notice of entry, appraisal exchanges and trial preparation.

Every jurisdiction has its own specific process, but there is a common sense approach by courts providing for fairness and a reasonable knowledge of the other side's position in each of these cases.

California Farm Bureau Federation

"Agencies' appraisers are going to be on the low side and owners' appraisers on the high side, and juries or judges tend to split these things in the middle," Smith said. "When you settle, that is it. You have to claim all damages that you are going to get, present or future, from this condemnation. If the case goes to trial, a jury is going to award damages to you at that time. But you can't go back and change."

Independent real estate appraiser George Zengel, principal of Fresno-based Zengel & Associates, defined just compensation as including land value, average improvements and the value of taking.

It's a concern that more farmers may face in coming years, as additional projects move forward.

"Unfortunately, people in agriculture probably have the highest percentage of involvement in eminent domain because they own large tracts of land that are oftentimes used for public utilities, whether it be flood control, roads, utility easements or other public projects," said Rex Laird, retired manager of the Farm Bureau of Ventura County, who encouraged Tulare County Farm Bureau to sponsor the seminar. "You have to be prepared early on in the process, because there are steps along the way that you want to take that are crucial to perfecting your ability to get what the Constitution guarantees you, and that is just compensation. You may or may not get that through the process, depending on how well you are represented."

Full post as published by National Eminent Domain Blog on October 21, 2010 (boomark / email).