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
1/21/2020
/ Commercial Bankruptcy ,
CPUC ,
Equipment Failure ,
Fifth Amendment ,
Inverse Condemnation ,
Investor-Owned Utilities ,
Just Compensation ,
Liability ,
Municipalities ,
PG&E ,
Private Property ,
Property Damage ,
Property Owners ,
Public Utility ,
State and Local Government ,
State Budgets ,
State Law Remedies ,
Takeovers ,
Utility Rates ,
Wildfires
One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more
8/30/2016
/ CA Supreme Court ,
Condemnation ,
Constitutional Challenges ,
Eminent Domain ,
Essential Nexus ,
Fifth Amendment ,
Just Compensation ,
Land Developers ,
Property Dedication ,
Property Owners ,
Property Valuation ,
Public Use ,
Real Estate Market ,
Reversal ,
Zoning Laws
Every year or so, a new appellate court decision comes out addressing the proper role of the judge versus the jury on some certain eminent domain issue. Most recently, a trial court, appellate court and the California Supreme...more
8/18/2016
/ Appeals ,
Bench Trial ,
CA Supreme Court ,
Constitutional Challenges ,
Eminent Domain ,
Essential Nexus ,
Judges ,
Jury Trial ,
Just Compensation ,
Property Dedication ,
Public Purpose ,
Public Use ,
Remand ,
Reversal ,
Zoning Laws
If you are an eminent domain junkie like us, then you will appreciate knowing that the City of Perris v. Stamper case (S213468) will be heard by the California Supreme Court on May 5, 2016, at 9:00 a.m. in San Francisco. As a...more
For decades, California public agencies have utilized a statutory "right of entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with acquiring the...more
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
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
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
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