Legal Question in Real Estate Law in California

Re: Cal-tras

It sounds like Cal-Trans is asserting eminent domain over your property. Since I do not clearly understand your question, it is difficult for me to give you a concise answer. However, Cal-Trans should be responsible for buying your home from you at fair market value, which by the way have made many people wealthy these days.

The following is not legal advice, but more practical advice instead. If I do understand your question to some degree, it seems that although Cal-Trans intends on purchasing your home in a few years, you and your husband must move sooner than that. If this is so, then I believe that renting your home out for the next few years may be the best option for you. This will allow you and your husband to move and maybe earn some money off your old home.

Good Luck

Re: Cal-tras

If this is a condemnation action under CalTrans' power of eminent domain, you probably need to accept the fact that you are neither going to prevent the condemnation action nor are you able to speed it up if CalTrans doesn't want to speed up. However, if you were desperate, you might be able to get CalTrans to buy your property before they need it by offering them a significant discount from fair market value. As an alternative, perhaps you could sell to a speculator at a discount from market value.

The wiser strategy seems to be, as Mr. Lupoff has suggested, to move out when you need to, and rent the place between when you move out and the date of the condemnation sale. Whether this will produce a positive cash flow for you depends upon the rental market where you live, the size of your mortgage, and to some extent your skills at being a landlord.

Also you might want to talk to a tax or estate-planning advisor about the long-range consequences of selling "under the gun" and how to re-invest the proceeds with minimum tax consequences.

Re: Cal-tras

see an attorney with real estate/eminant domain experience and see if you can iniate an inverse condemation suit --- this is an ifffy theory and you won't get as much possibly for the property but it might be an alternative and speed up the process but you won't come out with fees and costs as well as you might by waiting and i don't see any loss of rithts or bad effects to you by staying there but again i don't know all of the facts

Re: Cal-tras

Certainly you have options. If you wish to negotiate an early sale, or discuss all your options, call me directly at (619) 222-3504.