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California › Eminent Domain

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Will California’s CEQA Reform Impact Condemnation? 

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Acquiring property for public projects typically does not occur until after the project has received environmental approval.  In California, complying with the California Environmental Quality Act (CEQA) can sometimes take...more

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Inverse Condemnation Liability Does Not Extend to Failure to Prevent Actions of Another Party

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Can a public entity be held liable for inverse condemnation when it fails to prevent another party from causing damage to private property?  This one is pretty simple:  the answer is no....more

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California Supreme Court Takes Up Utility Take-Over Standard of Review Dispute

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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

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AB 1033 – Should Eminent Domain Law’s $5,000 Appraisal Reimbursement be Increased?

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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

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What Standard of Review Should Courts Apply for Utility Condemnations?

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Last year, we reported on a significant published appellate decision, South San Joaquin Irrigation District v. PG&E, which concluded that when a public agency uses eminent domain to acquire the assets of an electric, gas, or...more

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Adverse Possession Between Public Entities: a Loophole or a Pipedream

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A question that arises with some frequency in our practice is whether a public entity can adversely possess a property interest against another public entity. The general rule of thumb is that a private entity cannot obtain...more

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Resurgence of Redevelopment Agencies?

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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

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City’s Planning to Acquire Property Does not Trigger Precondemnation Damages or Inverse Condemnation Liability

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Planning and constructing large public works projects can take years. When those projects will impact private property, owners are left in a difficult situation, as the cloud of condemnation hangs over their property, making...more

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