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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
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
The City of Oroville (“City”) has petitioned the California Supreme Court for review of an unpublished Court of Appeal decision, City of Oroville v. Superior Court (2017) 2017 WL 2554447 (Third District), finding the City...more
When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more
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
As we have previously reported, the California Supreme Court in Property Reserve, Inc. v. Superior Court (2016) 1 Cal.5th 151, ruled that the California statutes allowing precondemnation entry by the government to test and...more
On July 21, 2016, the California Supreme Court in Property Reserve v. Superior Court upheld the state’s precondemnation entry and testing statutes provided they were reformed to allow impacted property owners the ability to...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
It is not often that the California Supreme Court steps in to reform legislation that would otherwise be unconstitutional, but that’s what it did in Property Reserve, Inc. v. Superior Court (S.Ct. No. S217738), issued July...more
Last month, the California Supreme Court’s decision in Property Reserve v. Superior Court provided long-awaited certainty for public agencies after a court of appeal determined the often-used “right of entry” statutes failed...more
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
We don’t often see multiple takings-related cases in one week, but last week we saw three. The California Supreme Court’s decision in Property Reserve was obviously the most important, but the Fourth Appellate District Court...more
For the last two-plus years, we have been waiting for guidance from the California Supreme Court on whether public agencies could utilize the statutory “right of entry” procedure to gain access to private property to conduct...more
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
At first it seemed 2014 had been a relatively slow year for eminent domain cases. But looking back, there was more activity than we initially recalled. There were few decisions that provided any dramatic shift in the...more