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Private Property California

Nossaman LLP

Water Agencies Beware: Disproportionate Damage From Water Delivery May Create Inverse Condemnation Liability

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When water agencies provide water to customers, and that water causes damage to customer property, can water agencies face inverse condemnation liability?  For quite some time, inverse condemnation liability appeared to be...more

Nossaman LLP

Podcast: Unwritten Easements Part 1 – Implied Easements

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In the latest episode of Digging Into Land Use Law, Karla MacCary and Elinor Eizdi explore the law of implied easements, which is a murky area of the law that was made more clear by a recent California Supreme Court case that...more

Nossaman LLP

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

Miller Starr Regalia

California Poised to Enact New Housing Production Laws Despite NIMBY Opposition

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Despite hyperbolic and misleading criticism from various NIMBY groups, California is one step closer to important new state-level land use and housing reform. Contrary to bald statements that these bills would “crush”...more

Miller Starr Regalia

Santa Barbara Liable for Taking Private Property When its Permit Denial Made Clear no Development Would be Allowed

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In a case that exists only because of the choices a city made in both application decision-making and litigation, the Second District Court of Appeal held, in Felkay v. City of Santa Barbara, __ Cal.App.5th __ (2021), that...more

Miller Starr Regalia

Supreme Court Wrestles with Line Drawing in an Important Property Rights Case Addressing Physical Taking Rules in the Context of...

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During California’s strawberry harvesting season in the summer of 2015, union activists entered a nursery’s property under the authority granted by a California regulation that allows union organizers to enter the private...more

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