January 2018 Archives
There is good news on the California wildfire front. Officials report that as of earlier this month, the Thomas Fire is now 100 percent contained. That does not mean it is out. A number of other fires also remain on the active list, but the Thomas incident is notable because of its size. At nearly 282,000 acres, In addition to the loss of a life, the fire destroyed more than 1,000 structures.
What is just? Australian barrister Julian Burnside is fairly well known for his efforts to try to address this question. He's written a book about it and a few years ago gave a talk on it at TEDxSydney. Burnside is a commercial litigator by practice, but his passion around justice stems from his experience fighting against unjust treatment of refugees in his home country and around the world.
In eminent domain, there are multiple ways to value real property under the fair market value standard. The two most prominent are the Comparable Sales Approach, and the Income Approach.
In nearly any eminent domain proceeding, achieving positive outcomes depends on properly weighing the government's interests and the rights of the property owner. It should be no surprise that when seeking to obtain land or access to land for the purpose of improving public infrastructure, government entities strive to gain what they need at the lowest possible cost.