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Property Owners Inverse Condemnation State and Local Government

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When Restorative Waters Meet Flying Projectiles: Inverse Condemnation Claims in Ukiah

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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

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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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Subway Construction Work Did Not Inversely Condemn Hotel Property

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A hotel owner brought a lawsuit against a county transportation authority and a general contractor for nuisance and inverse condemnation alleging that the construction of an underground subway line disrupted the operation of...more

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There Can Be No Taking for Impairment of Access If the Property Does Not Abut a Public Road

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We routinely get calls from owners facing impacts to their property or business as a result of construction of a public project or changes in adjacent public streets. For example, the city or county may close a road, create a...more

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Governor’s 2020 Budget Signals State’s Willingness to Takeover PG&E

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Welcome to 2020! It is a new year and with every new year, comes a lot of new: new goals, new diet, new workout routines that leave every part of you sore... In the professional setting, a new year brings a lot of “chores,”...more

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California Supreme Court Provides Rare Update on Inverse Condemnation Doctrine

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On August 15, 2019, the California Supreme Court (“Supreme Court”) issued its first inverse condemnation opinion in more than 22 years in the case City of Oroville v. Superior Court of Butte County, Case No. S243247...more

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New Tools and Sweeping Changes Proposed in Draft Wildfire Commission Report

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The Commission on Catastrophic Wildfire Cost and Recovery (“Commission”) has released a draft report assessing the issues surrounding catastrophic wildfires in California and recommending major changes to the law (“Draft...more

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Crafting Settlement Agreements in Eminent Domain

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Like the vast majority of general civil litigation, eminent domain matters usually settle before going to trial. The resolution is typically documented in either a stipulated judgment or a settlement agreement. ...more

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Governor Newsom Outlines Ambitious Strategy to Tackle Wildfires

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In Governor Gavin Newsom’s first State of the State address, he called for the creation of a strike force charged with developing a comprehensive strategy to address the destabilizing effect of catastrophic wildfires on the...more

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California To Finally Tackle Inverse Condemnation Reform For Wildfires?

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In Governor Gavin Newsom’s first State of the State address, he called for the creation of a strike force charged with developing a comprehensive strategy to address the destabilizing effect of catastrophic wildfires on the...more

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Important New Decision Impacting Legal Issues Motions in California Inverse Condemnation Cases

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As any experienced California eminent domain lawyer knows, there is a unique statutory mechanism that allows parties to bring a legal issues motion to secure a court’s ruling on a litany of issues that impact compensation....more

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