Bernadette Duran-Brown

Bernadette Duran-Brown

Nossaman LLP

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The Uniform Relocation Act Does Not Provide a Private Right of Action to Property Owners

On March 7th, a U.S. District Court sided with the Federal Aviation Administration (FAA) on whether the Uniform Relocation Act (URA) provides private property owners with a private right of action: it does not. The Pacific...more

3/19/2014 - Airports CEQA FAA Inverse Condemnation Takings

Keystone XL Pipeline Project Halted in Nebraska

On Wednesday, a Nebraska District Court dealt the Keystone XL pipeline project a heavy blow. The court invalidated a law that allowed the state's governor to approve the pipeline's passage through Nebraska. The court ruled...more

2/21/2014 - Eminent Domain Keystone XL Pipeline TransCanada Utilities Sector

City of Sacramento Condemning for its Kings

The City of Sacramento took another step forward on the plan for a new multi-million dollar arena for the Sacramento Kings. Last Tuesday, in a 7-2 vote, the city council passed a resolution of necessity approving the use of...more

1/16/2014 - Condemnation Eminent Domain Municipalities

Eminent Domain approved for Agoura Hills Street Widening

Last week, the Agoura Hills City Council approved acquiring 14 properties through eminent domain for its Augora Road Widening and Canwood Street Improvement Project, as reported by The Acorn. The purpose of the project is to...more

11/1/2013 - Condemnation Easements Eminent Domain Infrastructure Roads

Federal Court Halts Lender Underwater Mortgages Lawsuit Against Richmond

On September 12, the City of Richmond caught a small reprieve with respect to its plan to condemn underwater mortgages. As reported by Reuters, the federal district court ruled that the lawsuit filed by lenders Wells Fargo,...more

9/16/2013 - Condemnation Eminent Domain Foreclosure Mortgages Municipalities Takings Underwater Homeowners

The City of Richmond Remains Undeterred in its Quest to Condemn Underwater Mortgages

Despite three major banks filing federal lawsuits against the City of Richmond last month related to its plan to condemn underwater mortgages, the City continues to press on. On Tuesday, the City voted 4-3 to continue its...more

9/12/2013 - Condemnation Eminent Domain Mortgages Municipalities Takings Underwater Homeowners

The City of Hayward Ready for an Eminent Domain Battle, Among Others...

In July, the City of Hayward passed several resolutions of necessity to acquire property for its Interstate 880 / State Route 92 Reliever Route Project. The Project will extend Whitesell Street to provide access to State...more

9/10/2013 - Eminent Domain Municipalities Takings

Lenders React to Richmond's Plan to Condemn Mortgages by Filing Suit

We all knew this was coming (see my post from July 23). If you poke a sleeping giant, it's going to file a lawsuit against you in federal court. Yesterday, in response to the City of Richmond's preliminary actions to...more

8/9/2013 - Condemnation Deutsche Bank Eminent Domain Fifth Amendment Lenders Mortgages Public Use Underwater Homeowners Wells Fargo

Update: Condemnation of Underwater Mortgages Closer to Reality

It's been a while since we focused on the whole condemnation of underwater mortgages scheme but that doesn't mean the idea has died off. To the contrary, apparently at least four California cities have now signed advisory...more

7/24/2013 - Condemnation Mortgages Proposed Regulation Underwater Homeowners

Stanislaus County Moving Forward with Claribel Road Project

After two years of negotiating with residential property owners, the Stanislaus County Board of Supervisors approved acquisition of the property by eminent domain. The Modesto Bee reports that the board approved the...more

5/24/2013 - Eminent Domain Fair Market Value Fifth Amendment Just Compensation Loans Mortgages Roads Underwater Homeowners

Temporary Regulatory Takings Do Exist in California!

Given the maze of procedural and substantive hurdles involved, property owners rarely succeed with regulatory takings claims. Even when owners do win, it is yet more uncommon for courts to award damages, instead allowing the...more

5/17/2013 - Conditional Use Permit Damages Liability Takings

City of Imperial at an Impasse Over Transit Center

The City of Imperial has taken the first step in pursuing an eminent domain proceeding by adopting a resolution of necessity to acquire a vacant property for its Transit Center Project. As reported by the Imperial Valley...more

5/7/2013 - Eminent Domain Public Transit Urban Planning & Development

El Dorado County is Ready to Condemn

In order to construct the Silva Valley Interchange on Highway 50, the El Dorado County Board of Supervisors passed a Resolution on January 4, 2013 to acquire approximately 12 acres by eminent domain. As reported by In El...more

1/11/2013 - Eminent Domain Fifth Amendment Roads Takings

Eminent Domain Opinions Focus On 'Just Compensation'

Originally Published in Daily Journal, January 4, 2013 It has been quite a busy year for takings cases, and the state Court of Appeal provided one last published eminent domain opinion just before 2012 came to a close....more

1/4/2013 - Eminent Domain Evidence Fifth Amendment Jury Questions Just Compensation Motions in Limine Valuation Experts

The Cross-Fire Continues Over the Judge's Role in Limiting Appraisal Opinions in Eminent Domain Cases

It has been quite a busy year for takings cases. While our readers can soon expect our annual "Year in Review E-Alert," the California Court of Appeal decided to grace us with one more published eminent domain opinion just...more

12/28/2012 - Eminent Domain Evidence Fifth Amendment Jury Questions Just Compensation Motions in Limine Takings Valuation Experts

You Can Receive Compensation for Goodwill IF...

The Court has once again reminded us that it takes its role as gate keeper seriously. This week, in an unpublished case, the Court of Appeal issued a decision that serves as a not-so-gentle reminder that business owners are...more

12/19/2012 - Caltrans Eminent Domain Fifth Amendment Just Compensation Loss of Goodwill Notice of Eligibility Takings

A Motion in Limine Strikes Again

A couple of weeks ago, the California Court of Appeal issued a decision that discussed an attorney malpractice lawsuit known as a “settle and sue” case, where the client settles whatever litigation in which they are...more

12/3/2012 - Attorney Malpractice Eminent Domain Evidence Fifth Amendment Jury Trial Motions in Limine Takings

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