On-Demand Webinar | Eminent Domain in 2020: A Year in Review
The contours of inverse condemnation liability are often tested by creative California plaintiff’s lawyers. In an opinion earlier this year, one Northern California Federal Court dealt with a novel lawsuit in which the Vichy...more
Lake Meredith is a reservoir located about 30 miles northeast of Amarillo in the Texas Panhandle. It was formed when the State of Texas built the Sanford Dam on the Canadian River in 1965. When the dam was completed the...more
State of Texas. V. Reimer et al. studied lawyer-nerdy questions of standing to bring a lawsuit and statutes of limitations as applied to inverse condemnation suits. Spoiler alert: To the chagrin of the landowners, waiting...more
Real Property Update - Foreclosure / Attorneys' Fees: borrower not entitled to attorneys' fees for prevailing on lender's claim for reformation of mortgage, where lender prevailed on claim of foreclosure without...more
Twenty years was a reasonable period of time for a public agency to accept a right-of-way dedication offer by physically occupying the property. Prout v. Department of Transportation, 31 Cal. App. 5th 200 (2019). Prout...more
Pacific Shores Property Owners Association v. Department of Fish and Wildlife (1/20/16, C070201) - On January 20, 2016, the Court of Appeal for the Second Appellate District of California ruled that where a state agency...more
REAL PROPERTY UPDATE - - Foreclosure/Standing: owner, who took title to property after lis pendens was recorded and who did not appeal denial of motion to intervene, did not have standing to appeal judgment of...more
The Fifth District Court of Appeal has confirmed that the 90-day statute of limitations under the Subdivision Map Act includes takings claims arising out of Map Act decisions. Honchariw_v._County_of_Stanislaus, No. F069145...more
The Court of Appeal has recently reminded land use practitioners of an important deadline when pursuing a takings claim: A takings challenge based on a land use determination must be filed within 90 days of that determination...more
An inverse condemnation of a landowner’s property can occur when a governmental entity: (1) physically takes the property without compensation; or (2) passes a new law that has a serious impact on the value and/or utility of...more