It is Christmas in July for eminent domain practitioners! We have a California Supreme Court opinion on a condemnation case, which is rare. The case, Weiss v. People ex rel. Department of Transportation (2020 Cal. LEXIS...more
7/31/2020
/ Appellate Courts ,
CA Supreme Court ,
Cal Code of Civil Procedure ,
Condemnation ,
Eminent Domain ,
Evidentiary Standards ,
Inverse Condemnation ,
Legislative History ,
Liability ,
Property Owners ,
Property Valuation ,
Regulatory Takings
When the California Supreme Court issued its ruling on Property Reserve v. Superior Court, handing a substantial victory to public agencies, we were given three key takeaways: (1) the “Right of Entry” statutes (CCP §1245.010...more
One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more
8/30/2016
/ CA Supreme Court ,
Condemnation ,
Constitutional Challenges ,
Eminent Domain ,
Essential Nexus ,
Fifth Amendment ,
Just Compensation ,
Land Developers ,
Property Dedication ,
Property Owners ,
Property Valuation ,
Public Use ,
Real Estate Market ,
Reversal ,
Zoning Laws
Every year or so, a new appellate court decision comes out addressing the proper role of the judge versus the jury on some certain eminent domain issue. Most recently, a trial court, appellate court and the California Supreme...more
8/18/2016
/ Appeals ,
Bench Trial ,
CA Supreme Court ,
Constitutional Challenges ,
Eminent Domain ,
Essential Nexus ,
Judges ,
Jury Trial ,
Just Compensation ,
Property Dedication ,
Public Purpose ,
Public Use ,
Remand ,
Reversal ,
Zoning Laws
Eminent domain fans! Take heed: The City of Perris v. Stamper case (S213468) will finally be heard by the California Supreme Court tomorrow at 9:00 a.m. in San Francisco. I recapped the issues that are going to be addressed...more
Today, the California Supreme Court heard oral arguments in the Property Reserve v. Superior Court case. Today was also the day the Court began showing live webcasts of oral arguments online, so I was able to not only hear...more
If you are an eminent domain junkie like us, then you will appreciate knowing that the City of Perris v. Stamper case (S213468) will be heard by the California Supreme Court on May 5, 2016, at 9:00 a.m. in San Francisco. As a...more