By Alan A. Sozio, Partner at Burke, Williams & Sorensen, LLP
Any time after an eminent domain complaint is filed, including after a final judgment, a public agency may voluntarily abandon the condemnation. This means that the property is no longer being taken, and as a result the owner receives no compensation for the property being abandoned. The agency may abandon all, or just some, of the property interests being taken.
The abandonment procedure is twofold. The public agency must file in court a written notice of abandonment pursuant to Section 1268.510(a) of the Code of Civil Procedure. However, to avoid future claims by the owner of any cloud on title, it is also recommended that the public agency rescind the resolution authorizing the property interest being abandoned pursuant to Section 1245.260(c) of the Code of Civil Procedure.
While no longer entitled to compensation for the taking, the property owner is entitled to recover its litigation expenses related to the property interest being abandoned. See Code of Civil Procedure § 1268.610.
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