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
When a property owner suffers damage as a result of the actions of a public agency or public improvement, the owner typically pursues typical tort causes of action against the agency, along with a claim for inverse...more
On November 27, 2019, U.S. Bankruptcy Judge Dennis Montali issued a Memorandum Decision on Inverse Condemnation (“Memorandum Decision”) in PG&E Corporation and Pacific Gas & Electric’s (together, “PG&E”) Chapter 11 Bankruptcy...more
12/4/2019
/ Bankruptcy Court ,
Chapter 11 ,
CPUC ,
Electricity ,
Fifth Amendment ,
Infrastructure ,
Inverse Condemnation ,
Natural Disasters ,
PG&E ,
Property Owners ,
Takings Clause ,
Wildfires
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
On June 5, 2019, the California Supreme Court (“Court”) heard oral argument in the case City of Oroville v. Superior Court of Butte County, Case No. S243247 (“Oroville Case”). This case is notable because it is the first time...more
6/10/2019
/ Appeals ,
CA Supreme Court ,
Inverse Condemnation ,
Liability ,
Municipalities ,
Oral Argument ,
Private Property ,
Property Damage ,
Property Owners ,
Public Improvement Projects ,
Real Estate Market ,
Sewer Systems ,
Wildfires
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
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