It is commonplace for a local government agency to require a property or business owner to secure a license or permit for a particular type of operation (such as a liquor license, medical marijuana license, etc.). If the...more
10/4/2019
/ Building Codes ,
Business Licenses ,
Cannabis Products ,
Due Process ,
Inverse Condemnation ,
Just Compensation ,
License Renewals ,
Licensing Rules ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Municipalities ,
Notice of Non-Renewal ,
Property Owners ,
Regulatory Oversight ,
Regulatory Takings ,
Zoning Laws
We recently reported on the California Supreme Court’s decision in Oroville which provided a relaxed standard for public agencies facing inverse condemnation claims. Since that decision, a new unpublished Court of Appeal...more
9/19/2019
/ Appeals ,
Erosion ,
Flooding ,
Inverse Condemnation ,
Municipalities ,
Property Damage ,
Property Improvements ,
Property Ownership ,
Public Entities ,
Reasonableness Factors ,
State and Local Government ,
Storm Sewers ,
Summary Judgment ,
Surface Water ,
Water Damage
On August 15, 2019, the California Supreme Court (“Supreme Court”) issued its first inverse condemnation opinion in more than 22 years in the case City of Oroville v. Superior Court of Butte County, Case No. S243247...more
8/20/2019
/ CA Supreme Court ,
Inverse Condemnation ,
Municipalities ,
Precedential Opinion ,
Private Property ,
Property Damage ,
Property Owners ,
Public Agencies ,
Public Improvement Projects ,
Public Utility ,
Sewer Systems ,
State and Local Government ,
Strict Liability
Inverse condemnation litigation and liability has become a particularly hot topic in California over the last several years. Not many attorneys specialize in this area, and there are a number of traps for the unwary lawyers,...more
7/15/2019
/ Appeals ,
Attorney's Fees ,
Cost Recovery ,
Expert Fees ,
Insurance Claims ,
Inverse Condemnation ,
Negligence ,
Offsets ,
Property Damage ,
Property Owners ,
Public Agencies ,
Public Property ,
Reimbursements ,
Subrogation
The Commission on Catastrophic Wildfire Cost and Recovery (“Commission”) has released a draft report assessing the issues surrounding catastrophic wildfires in California and recommending major changes to the law (“Draft...more
6/3/2019
/ Cost Recovery ,
CPUC ,
Fire Insurance ,
Inverse Condemnation ,
Negligence ,
Property Owners ,
Risk Mitigation ,
State and Local Government ,
Strict Liability ,
Victim Compensation Fund ,
Wildfires
Like the vast majority of general civil litigation, eminent domain matters usually settle before going to trial. The resolution is typically documented in either a stipulated judgment or a settlement agreement. ...more
5/23/2019
/ Appeals ,
Caltrans ,
Construction Project ,
Easements ,
Eminent Domain ,
Highways ,
Inverse Condemnation ,
Just Compensation ,
Property Owners ,
Property Valuation ,
Public Projects ,
Real Estate Market ,
State and Local Government ,
Transportation Industry
Many public agencies and utilities have easements for water or gas pipelines or electric transmission lines. Those easements typically contain express rights to construct, operate, and maintain the facilities, including...more
4/29/2019
/ Appeals ,
Governmental Liability ,
Inverse Condemnation ,
Just Compensation ,
Private Property ,
Public Agencies ,
Public Improvement Projects ,
Real Estate Market ,
Right of Way ,
Right to Repair ,
Trees
In Governor Gavin Newsom’s first State of the State address, he called for the creation of a strike force charged with developing a comprehensive strategy to address the destabilizing effect of catastrophic wildfires on the...more
4/19/2019
/ Comment Period ,
Cost Recovery ,
CPUC ,
Inverse Condemnation ,
Liquidity ,
Property Owners ,
Public Utility ,
Regulatory Takings ,
State and Local Government ,
State Funding ,
Wildfires
In Governor Gavin Newsom’s first State of the State address, he called for the creation of a strike force charged with developing a comprehensive strategy to address the destabilizing effect of catastrophic wildfires on the...more
When the government physically takes or occupies property without first going through the rigorous procedural requirements under California eminent domain law, usually it’s a clear-cut case of inverse condemnation liability. ...more
When a governmental agency improperly denies a permit application for a new development, and the proposed development is thereby delayed, does this result in a regulatory taking? ...more
When state and local governments impose unreasonable conditions or exactions on private property, owners pursuing a regulatory takings claim often face a maze of procedural obstacles just to have their case heard. ...more
As we’ve seen all too many times in California, when local municipalities delay development approvals — even improperly — courts are reluctant to find liability under an inverse condemnation cause of action and award...more
Infrastructure projects take years to develop: the environmental review, funding, design, procurement, and construction of a public project is time consuming in any state, but even more so in California given the strict...more
12/12/2017
/ Eminent Domain ,
Infrastructure ,
Inverse Condemnation ,
Private Property ,
Public Projects ,
Railways ,
Real Estate Development ,
Residential Real Estate Market ,
State and Local Government ,
Surface Transportation ,
Takings Clause ,
Trains ,
Transportation Industry ,
Urban Planning & Development
With the passing of California’s new gas tax (SB1) earlier this year, local government agencies have come across a new source of funding to complete public infrastructure projects. According to an article in the Ceres...more
12/11/2017
/ Caltrans ,
Eminent Domain ,
Gas Taxes ,
Highways ,
Infrastructure ,
Inverse Condemnation ,
New Legislation ,
Public Projects ,
Real Estate Market ,
Tax Revenues ,
Transportation Industry ,
Urban Planning & Development
Under inverse condemnation law in California, a public agency is generally strictly liable for physical damage to private property caused by a public improvement. This means a public agency can be held liable even if the...more
Public agencies own significant amounts of property throughout California and the United States. Sometimes, those properties are not being put to a public use, and the government acts as a landlord, leasing out property to...more
One of the most valuable assets many homeowners enjoy is their property’s view. If the government undertakes an activity that eliminates or obstructs that view, is an owner entitled to relief? In Boxer v. City of Beverly...more
When a public agency acquires a portion of property, under California law the property owner is entitled to “severance damages” — or damages to the remainder portion of the property that was not acquired. Usually,...more
2013 felt a bit like deja vu, as much of the year was dominated by recurring themes: redevelopment dissolution issues, headlines on the condemnation of underwater mortgages, the U.S. Supreme Court showing interest in takings,...more
It's become our custom this time of year to provide our readers with an eminent domain recap from last year along with our thoughts on what to expect in 2014. 2013 felt a bit like déjà vu, as much of the year was dominated...more