Brad Kuhn

Brad Kuhn

Nossaman LLP

Contact  |  View Bio  |  RSS

Latest Publications


[Event] Right of Way & Legal Strategies for Successful Project Delivery - March 8th, San Francisco, CA

Nossaman LLP and Bender Rosenthal, Inc. invite you to this complimentary afternoon seminar that will provide insight on current right of way issues affecting public agencies and utilities. Our panels of leading industry...more

2/16/2017 - Appraisal Continuing Legal Education Easements Eminent Domain Engineering Events Goodwill Government Officials Project Delivery Methods Project Influence Rule Public Agencies Real Estate Professionals Relocation Right of Way Urban Planning & Development Utilities Sector

[Event] Nossaman's 2017 Southern California Eminent Domain Seminar - March 2nd, Los Angeles, CA

Nossaman LLP invites you to join us for our 2017 Southern California Eminent Domain Seminar, "Right of Way & Legal Strategies for Successful Project Delivery." This complimentary afternoon seminar will provide insight on...more

2/3/2017 - Acquisitions Appraisal Rights Consultants Easements Eminent Domain Engineering Events Goodwill Project Influence Rule Public Agencies Public Officials Railroads Real Estate Professionals Relocation Right of Way Urban Planning & Development Utilities Sector

A Condemnation Action is Looming — What are a Landlord’s Disclosure Obligations to Potential Lessees?

Before an eminent domain action is filed, public infrastructure projects involve years of planning, environmental approvals, design, and property negotiations. During this time, property owners and real estate agents/brokers...more

1/19/2017 - Burden of Proof Causation Commercial Leases Commercial Tenants Condemnation Damages De Minimis Claims Disclosure Requirements Dismissals Duty to Disclose Eminent Domain Fraudulent Concealment Just Compensation Landlords Public Projects Real Estate Agents Rental Income

Value Trends of Gas Stations and Car Washes

In a previous post, “What is ‘Just Compensation’ For Gas Station Acquisitions,” we explored various methods for valuing gas stations and car washes in an eminent domain action, including a recommendation by a gas station...more

12/30/2016 - Eminent Domain Gas Stations Oil & Gas Special Use Permit Valuation

What Does the Election Mean for the Future of Infrastructure Development?

With only a few days remaining until one of the most controversial presidential elections in history, there has been little focus on the candidates’ plans as it pertains to the future of infrastructure development in America....more

11/4/2016 - Federal Funding Hillary Clinton Infrastructure Presidential Elections Public Transportation Trump Administration

Is Redevelopment Quietly About to Grow in California?

Redevelopment has quite the lengthy history in California. Yet it has generally been “All Quiet on the Western Front” since redevelopment agencies were abolished in 2011 as part of Governor Brown’s plan to fix the state’s...more

8/22/2016 - Community Revitalization and Investment Authorities (CRIAs) Eminent Domain Proposed Legislation Redevelopment

New Alternative for Widening 55 Freeway Reduces Right-of-Way Impacts

For years, we’ve been working with our public agency clients during the environmental and design-phase to minimize right-of-way impacts with new infrastructure projects. Yet for many agencies, property acquisitions are an...more

8/10/2016 - Construction Project Eminent Domain Environmental Assessments Environmental Impact Report (EIR) Highways Infrastructure Right of Way Roads

The Olympics’ Secret Use of Eminent Domain

It’s an exciting time with the Olympics taking place in Rio De Janeiro. But what takes place before the Olympics ever gets off the ground involves years of planning, lobbying, and infrastructure development. That...more

8/10/2016 - Brazil China Due Process Eminent Domain Homeless Issues Just Compensation Olympics Russia Suicide

California Supreme Court Upholds Right of Entry Statutes, but "Reforms" them to Comply with Constitution

When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more

8/2/2016 - CEQA Eminent Domain Environmental Assessments Private Property Public Agencies Public Projects Right of Entry Surveys Takings

California’s Precondemnation Right of Entry Statutes Upheld — With a Slight Judicial Tweak

For the last two-plus years, we have been waiting for guidance from the California Supreme Court on whether public agencies could utilize the statutory “right of entry” procedure to gain access to private property to conduct...more

7/22/2016 - CA Supreme Court Condemnation Damages Eminent Domain Environmental Assessments Jury Trial Just Compensation Precondemnation Private Property Public Agencies Right of Entry

Oakley to Condemn Century-Old Building for Street Widening Project

As cities become more dense and urbanized, it is common for infrastructure to get outdated or insufficient to handle increased demand. We see this with roads, highways, schools, and even utilities. When new infrastructure...more

5/16/2016 - Condemnation Eminent Domain Environmental Impact Report (EIR) Fair Market Value Fifth Amendment Historic Preservation Real Estate Market Roads

Homeowners Cannot Recover for Blocked Views of Hollywood Sign

One of the most valuable assets many homeowners enjoy is their property’s view. If the government undertakes an activity that eliminates or obstructs that view, is an owner entitled to relief? In Boxer v. City of Beverly...more

4/29/2016 - Appeals Eminent Domain Homeowners Inverse Condemnation Just Compensation Takings

Eminent Domain for California’s Social Infrastructure

While much of the focus in California lately has been on eminent domain for transportation projects, there’s some new condemnations moving forward in both Northern California and Southern California for social — or community...more

4/25/2016 - Appraisal Community Development Condemnation Contaminated Properties Eminent Domain Relocation Resolution of Necessity

Expo Line Extension to Santa Monica Opens May 20

The wait is nearly over: for those living on the Westside of Los Angeles, passenger rail transit will be available in just a few short months. Officials announced this week that the final extension of the Expo Line will...more

3/1/2016 - City of Los Angeles Infrastructure Public Transit Railways Transit Authority

The $30 Million Access Easement

When public agencies acquire property for public projects, many times only a portion of the property is required. And, the government usually seeks various types property interests: (i) permanent easements for street...more

2/26/2016 - Beachfront Properties Easements Eminent Domain Property Owners Public Agencies

[Event] Nossaman's 2016 Eminent Domain Seminar - March 3rd, Costa Mesa, CA

Nossaman LLP invites you to join us for a complimentary afternoon seminar with Nossaman’s Eminent Domain attorneys alongside various industry experts. During this program, our expert panelists will provide the latest insight...more

2/16/2016 - Appraisal Condemnation Continuing Legal Education Eminent Domain Events Public Transit Right of Way Utilities Sector Valuation

Los Angeles & Orange County Transit Projects to Receive $500 Million in Federal Funds

Public transit continues to be a major focus throughout Southern California, with virtually all of the county transportation agencies planning or undertaking important passenger rail projects throughout the region. Some of...more

2/11/2016 - Federal Budget Federal Transit Administration Public Transit Public Transportation Surface Transportation

FTA and FHWA Buy America Updates

Public agencies are routinely facing Buy America requirements in their infrastructure projects. Some of the most difficult situations involve how to satisfy Buy America obligations with public utility relocations. The rules...more

1/25/2016 - Buy America Critical Infrastructure Sectors Federal Highway Administration Federal Transit Administration Public Utility

Moratoriums Do Not Prohibit Billboard Relocations

Because billboards are typically near public transit, they are routinely impacted by public projects such as street widenings, highway and freeway expansions, and grade separation projects. When impacted, billboard companies...more

1/16/2016 - Billboards Moratorium Public Agencies Public Projects Relocation

New Right-of-Way Regulations on Indian Lands

Every once in a while, infrastructure projects we’re working on involve traversing Indian lands. For those of you involved in such projects, you should take a look at the Final Rule published by the Department of the...more

1/6/2016 - Bureau of Indian Affairs Department of the Interior Eminent Domain Final Rules Infrastructure Right of Way Tribal Lands

Surface Transportation Reauthorization Bill Looks to Be Moving Forward

We’ve been following the status of highway and transportation funding for quite some time, previously noting that Congress kept kicking the can down the road without agreeing on a long-term solution. Finally, that is no...more

12/7/2015 - Federal Funding NEPA Pending Legislation Permits Surface Transportation

Right of Entry Statutes Are Back in Business – For Now

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

11/23/2015 - Condemnation Eminent Domain Just Compensation Private Property Right of Entry

Caltrans’ Highway 101 Overpass Condemnation Case Ends in Split Decision

For several years, we’ve been following an eminent domain lawsuit in Marin County involving Caltrans’ acquisition of 34 acres for a $29.7 million interchange project at the Redwood Sanitary Landfill, which would widen the...more

11/4/2015 - Appraisal Attorney's Fees Caltrans Eminent Domain Highways Just Compensation Litigation Fees & Costs Property Owners Settlement Offer Severance Damages Takings

Waivers of Rights to Compensation are Enforceable in Eminent Domain Actions

It’s not every day you’re involved in a successful eminent domain case before the California Court of Appeal. It’s even more unusual when the case deals with a number of interesting legal issues, such as the enforceability...more

10/14/2015 - Appeals Appraisal Damages Eminent Domain Just Compensation License Agreements Project Influence Rule Severance Damages Substantial Impairment of Acess Test Waivers

It’s Baaacckkkk…. Redevelopment Returns to California

We’ve been closely watching Assembly Bill 2 work its way through the legislature for most of 2015, and last week, it was finally signed by the Governor. What does it mean? You can find a detailed analysis by my partner,...more

9/28/2015 - Community Revitalization and Investment Authorities (CRIAs) Enhanced Infrastructure Financing Districts (EIFDs) New Legislation Redevelopment

97 Results
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.