Property Damage, Property Owners, Appeals

California Clarifies Basis for Inverse Condemnation Claims

White and Williams LLP on 4/4/2025

Inverse condemnation is a legal theory that is not common in the subrogation industry. However, when dealing with a loss where property damage is the result of action by a public entity, it is a claim that may be available....more

“Public Improvement” Narrowly Defined to Limit Inverse Condemnation Liability

Nossaman LLP on 3/20/2020

Since the California Supreme Court’s 2019 Oroville decision, which narrowed inverse condemnation liability for public agencies, several court decisions have followed suit. ...more

California Clarifies Its Inverse Condemnation Standard

White and Williams LLP on 10/8/2019

In City of Oroville v. Superior Court, 446 P.3d 304 (Cal. 2019), the Supreme Court of California considered whether the City of Oroville (City) was liable to a dental practice for inverse condemnation damages associated with...more

Lessons in Litigating Inverse Condemnation Claims

Nossaman LLP on 7/15/2019

Inverse condemnation litigation and liability has become a particularly hot topic in California over the last several years. Not many attorneys specialize in this area, and there are a number of traps for the unwary lawyers,...more

California Supreme Court Hears First Inverse Condemnation Case in Years

Nossaman LLP on 6/10/2019

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

When Is Property Damage From a Release “Expected or Intended”? Only After the Owner Learns of the Spill and Ignores It

Foley Hoag LLP - Environmental Law on 3/14/2019

Any good trial lawyer will tell you that the law is about telling stories. Once upon a time, Timothy and Stacy Creamer bought a house. Only after they closed did they realize that some strategically placed rugs were hiding...more

City immune to a landowner’s trespass claim for a stormwater pipe installed without an easement

Bricker Graydon LLP on 11/19/2018

Nan Wallace experienced cracks in the walls, foundation and chimney of her residence, which she believed were caused by blockage in a stormwater pipe that flowed beneath her driveway and garage and into her backyard. ...more

Tangled in Knots – Beware of Japanese Knotweed

Hogan Lovells on 7/23/2018

Japanese knotweed has blighted UK properties for over a century. The invasive plant’s roots and stems spread rapidly and have the capacity to smash through concrete, damaging a building’s foundations. Eradicating the knotweed...more

Court Holds That Trimming of Neighbor’s Trees is Not an Insured Accident or Occurrence

Haight Brown & Bonesteel LLP on 5/21/2015

In Albert v. Mid-Century Insurance Co. (No. B257792, filed 4/28/15, ord. pub. 5/20/15), a California Court of Appeal held that an insured’s trimming of a neighbor’s trees which allegedly damaged the trees was not an accident...more

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