Eminent Domain

Eminent Domain2018-07-10T17:05:54+00:00

Our practice encompasses:

  • Property Acquisition
  • Redevelopment
  • Inverse Condemnation

Daley & Heft has extensive experience in handling eminent domain issues for a wide variety of public entities throughout California. We represent our clients in the planning of public projects with the goal of minimizing the costs associated with land acquisition and, when necessary, to acquire property rights through condemnation.

Our services also include the drafting of offer letters and Resolutions of Necessity, in addition to assistance in working with appraisers. We provide opinion letters and status reports as required, and attend agency meetings upon request, working closely with our clients to assist them in successfully achieving their goals and objectives.

The firm handled all the condemnation for The Redevelopment Agency of the City of San Diego’s Ballpark Project, which involved complex right-to-take, relocation and appraisal issues.  This project covered 26 city blocks.  Also for The Redevelopment Agency, the firm handled the condemnation of the “R7” block, the “P3” block, and other properties including Little Italy, the North Park Redevelopment Project, and four city blocks for public parks in the downtown area.

For the Community Development Commission of the City of Oceanside, the firm handled a dozen or so projects since 1981 involving acquisition of well over 100 separate parcels. The projects have involved the equivalent of approximately 8 full city blocks in the downtown area and beach front, including the taking of single family residences, multi-family residences, industrial and commercial buildings, mobile home parks and raw land. These cases involved issues of goodwill, fixtures and equipment values, relocation, divided interests, right-to-take, and land valuation. The firm handled the condemnation of the land necessary for the Oceanside Transportation Center and its two subsequent expansions, the Civic Center Project and the Residential Waterfront Project.

Daley & Heft handled all of the right-of-way acquisition for the San Luis Rey River Flood Control Project, which involved condemning property over the river’s 7.2 mile length within the City of Oceanside. These cases involved flood plain property that were environmentally sensitive. They included issues of hydrology, zoning, general plan amendments, Corps of Engineer requirements, engineering and construction costs, feasibility studies, environmental restrictions, and mitigation of environmentally sensitive habitat.  In those cases, we interacted with the Corps of Engineers, the Department of Fish and Wildlife, the State Department of Fish and Game, the State Coastal Commission, the State Regional Water Quality Control Board, and other agencies regarding issues of endangered species, the State Clean Water Act, Williamson Act, toxic cleanup issues, landfill closure issues, and divided interest.  Uses on the properties condemned include industrial, dairies, and agricultural with taking of crops in place.

The firm condemned approximately 50 parcels in the 3 phases of State Route 76 Expressway through Oceanside.

Daley & Heft represented the Port of San Diego against a taking by the United States, resulting in a jury award over 10 times the government offer.

For Chula Vista, the firm condemned tracts in the Bay Front Redevelopment Area West of I-5 at E Street, and Palomar Trolley Center at Broadway and Palomar involving about 10 parcels and 8 businesses.

The firm obtained a 120-foot wide right-of-way from Sweetwater Reservoir to Otay Lakes for the San Diego County Water Authority Pipeline 4E-II Project.  We also condemned about 20 properties for the North County Distribution Pipeline Project. We handled acquisition of approximately 8 properties for the Moreno Pipeline Project.

Attorneys: Dennis W. DaleyScott NoyaRachel B. Kushner

Representative Clients: Port of San Diego, San Diego County Water Authority, City of San Diego, City of Chula Vista, City of Escondido, City of Oceanside