We previously reported on the recent California Court of Appeal district split as to what standard of review should apply in utility takeover condemnation cases as it pertains to more necessary public use challenges, and...more
In California, the primary governing structure for condemnation suits is set forth within Title 7 of the California Code of Civil Procedure (CCP 1230.010, et. seq.), otherwise known as the Eminent Domain Act, which was...more
Join us in April for Nossaman's Eminent Domain Seminars! We will be hosting our Northern California seminar in Berkeley on April 8th and our Southern California seminar in Costa Mesa on April 15th.
These complimentary...more
4/1/2025
/ Appraisers ,
Best Practices ,
Cross Examination ,
Depositions ,
Diminution in Value ,
Direct Examination ,
Eminent Domain ,
Events ,
Expert Witness ,
Property Owners ,
Property Valuation ,
Relocation ,
Right of Way
Join us in April for Nossaman's Eminent Domain Seminars! We will be hosting our Northern California seminar in Berkeley on April 8th and our Southern California seminar in Costa Mesa on April 15th.
These complimentary...more
4/1/2025
/ Appraisers ,
Best Practices ,
Cross Examination ,
Depositions ,
Diminution in Value ,
Direct Examination ,
Eminent Domain ,
Events ,
Expert Witness ,
Property Owners ,
Property Valuation ,
Relocation ,
Right of Way
When one hears “eminent domain” or “condemnation,” you might envision a governmental agency or utility coming in and acquiring the entirety of a piece of property and leaving nothing behind. However, often times,...more
This past week I had the opportunity to attend the International Right of Way Association’s (IRWA) Region 1 Fall Forum and Symposium in San Diego, California. On Friday, Brad Kuhn and I presented an update on recent federal...more
UNITED STATES UPDATES -
Arkansas-
City of Sherwood v. Bearden, 2023 Ark. App. 67 (2023 Ark. App. LEXIS 68)-
Facts: Property owners filed an inverse condemnation action alleging the City had placed rainwater...more
Redevelopment agencies (RDAs) have held a rather infamous position in California history. While originally created to address urban decay (aka “blight”), generally speaking, RDAs developed into entities that wielded the...more
5/22/2023
/ California ,
Economic Development ,
Eminent Domain ,
Infrastructure ,
Legislative Agendas ,
Neighborhood Revitalization ,
Proposed Regulation ,
Real Estate Development ,
Redevelopment ,
Regulatory Agenda ,
Urban Planning & Development
In eminent domain cases, it is uncommon that right to take challenges are upheld, and when they are, it is typically a procedural deficiency that can be cured. It is even more unusual where a right to take challenge is...more
UNITED STATES UPDATES -
California -
Today’s IV, Inc. v. Los Angeles County Metropolitan Transportation Authority, 2022 Cal.App. LEXIS 840 (2022 WL 5107251) -
Facts: A property owner who owned a hotel in Los...more
The payment of “just compensation” for the taking of private property includes more than merely writing a check to the property owner after a jury determines the current fair market value of the taking. A property owner is...more
As we have previously discussed, downzoning (changing the zoning designation for property from a more intensive use to a more restrictive use) can possibly rise to the level of a regulatory taking, depending on each...more
When public projects are being constructed, surrounding property owners typically experience construction impacts, such as noise, dust, fumes, vibration, and road detours. Typically, absent a physical taking of property,...more
Facts: The property owner alleged a per se taking and inverse condemnation in the expansion of a road that increased surface and stormwater runoff flowing under the property and ultimately a sinkhole in the parking lot. The...more
Housing in California is a hot topic, particularly when the short-term rentals are thrown into the mix. Those opposed to short-term rentals often argue that it removes permanent housing stock from the market and that such...more
A recent Federal Circuit case, Haggart v. United States, No. 21-1660 (June 22, 2022) determined that under the Uniform Relocation Act, like other fee-shifting statutes, attorneys’ fees are not recoverable if the lawyer is one...more
Earlier this month, we gave a presentation during the International Right of Way Association’s 68th Annual Education Conference in Cleveland, Ohio. In keeping with the “rock and roll” theme, our session, “Ch-Ch-Changes in the...more
The language in conveyance and real estate documents impacts the type of property interests that are created and conveyed and defines the scope of those interests. The importance of documentary language was crucial in a...more
Throughout all of the ups and downs in 2021, there have been multiple developments on the eminent domain front, including the special occasion where the U.S. Supreme Court heard a takings case. Outside of case law, 2021 saw...more
Generally, if utilities with the right of eminent domain cause damage to private property during the operation of their facilities, they may face inverse condemnation liability. However, where the facility in question is not...more
Some easements will contain express language that delineates the respective rights of the grantor and grantee to make use of the easement. Other times, even absent express language, a grantor can be prevented from using an...more
Developers often have to satisfy various conditions of approval in order to achieve the necessary approvals to move forward with a project. Sometimes these conditions include requirements to acquire land for public...more
When is a lease termination triggered by eminent domain versus by contract? The case of Media v. City of San Diego, 2021 U.S. Dist. LEXIS 103728 addressed this question and concluded that the lease termination was only a...more
In order for a property owner to successfully pursue a regulatory takings claim for inverse condemnation, the owner is typically required to pursue multiple different development options, and face multiple permit denials,...more