Legal Trend. Nuisance Litigation = Eminent Domain Use? New Tort Issue.

Lawsuits in California allege that homes built before 1981 containing lead paint are a public nuisance.

A public nuisance in California can be remedied by taking the property by eminent domain. 

A public nuisance can also be remedied by criminal charges against the property owner, foreclosure, special taxes to resolve the nuisance, orders to vacate or demolish, loss of tax deductions,  mandatory disclosure on real estate transactions, and a listin gin a public data base.

Legislative solution:

•  Healthy Homes and Schools Act, a November 2018 ballot proposition
• Healthy Homes and Schools Act would preempt the court decision
• Healthy Homes and Schools Act provides $2 billion in funding

Sacramento Bee | The courts are risking California home values. Lead paint measure just aims for a fix