Brad Kuhn

Brad Kuhn

Nossaman LLP

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Recent Trends In Eminent Domain -- And What To Expect Next

2013 felt a bit like deja vu, as much of the year was dominated by recurring themes: redevelopment dissolution issues, headlines on the condemnation of underwater mortgages, the U.S. Supreme Court showing interest in takings,...more

4/4/2014 - Eminent Domain Inverse Condemnation Takings

Ruling May Put The Brakes On Some CEQA Investigations

For years, 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 a condemnation action....more

4/1/2014 - CEQA Condemnation Environmental Impact Report Right of Access Takings

Precondemnation "Right of Entry" Statutes Challenged as Unconstitutional Takings

For years, 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 a condemnation action. ...more

3/26/2014 - CEQA Condemnation Eminent Domain Takings

2013 Eminent Domain Year in Review & 2014 Forecast

It's become our custom this time of year to provide our readers with an eminent domain recap from last year along with our thoughts on what to expect in 2014. 2013 felt a bit like déjà vu, as much of the year was dominated...more

3/21/2014 - Eminent Domain Inverse Condemnation SCOTUS Takings

Redevelopment 2.0 -- Infrastructure Financing Districts Approved for Redevelopment Project Areas

Despite being destroyed and dismantled, redevelopment in California has been born once again, this time reincarnated under the name of "Infrastructure Financing Districts." Last week, Governor Brown signed into law AB 471,...more

3/3/2014 - Infrastructure Public Projects Redevelopment

Proportionality, Nexus Don't Matter If It's Not A Taking

Landowners routinely have to give up something in return for a government agency's granting a discretionary permit. Developers are quite familiar with these requirements, as they are consistently compelled to dedicate...more

2/6/2014 - Nexus Permits Proportionality Rough Proportionality Test

Encinitas Contemplates Eminent Domain for School District Property

It's not too often you see one government agency threaten another agency with eminent domain. But it does happen. A recent article by Barbara Henry in the U-T San Diego, Encinitas has few options on Pacific View site,...more

1/27/2014 - Eminent Domain Public Schools School Districts

California Transportation Commission's 2013 Project Funding Surpasses $3 Billion

California's infrastructure received another push in the right direction last week as the California Transportation Commission (CTC) allocated $152 million to 36 projects statewide -- bringing its total transportation funding...more

12/17/2013 - Department of Transportation Infrastructure Project Finance

When Projected Eminent Domain Litigation Costs Exceed the Value of the Property Acquisition

Eminent domain litigation can be expensive. Acquiring small strips of property often costs more in legal and appraisal costs than the value of the property itself. Sometimes public agencies have no choice but to condemn...more

10/30/2013 - Eminent Domain Property Valuation Takings

The Use of a Legal Issues Motion in Eminent Domain Proceedings

Eminent domain actions are unique in that "the court, rather than the jury, typically decides questions concerning the preconditions to recovery of a particular type of compensation, even if the determination turns on...more

10/14/2013 - Damages Eminent Domain Judges Jury Verdicts Just Compensation Legal Issues Motion

Caltrans to Finally Sell Those Homes it Purchased 50+ Years Ago for the 710 Freeway

More than 50 years ago, Caltrans purchased roughly 500 homes under threat of eminent domain within the planned right-of-way for the anticipated construction of the I-710 freeway (linking Monterey Park to Pasadena). That...more

10/4/2013 - Caltrans Eminent Domain Highways

Coachella Valley Association of Governments Approves Plan to Fund Passenger Rail

According to an article in the Desert Sun, CVAG OKs plan to help fund passenger rail, the Coachella Valley Association of Governments ("CVAG") recently approved an agreement with the Riverside County Transportation Commission...more

10/2/2013 - Infrastructure Public Transit Railways

When Inverse Condemnation and Eminent Domain Overlap: Owners Beware of Attorney Contingency Fee Arrangements

Property owners are routinely hiring attorneys well in advance of a public agency's filing of an eminent domain action. Many times, the representation begins before it is even certain whether the agency will actually move...more

9/30/2013 - Attorney's Fees Condemnation Contingency Fees Eminent Domain

A Cautionary Tale on Alleging Precondemnation Damages Versus a De Facto Taking

Eminent domain cases typically revolve around a "date of value" – the date on which property is valued in determining the amount of just compensation the condemning agency must pay. That date is set by statute; typically, it...more

9/5/2013 - Condemnation Damages Eminent Domain Just Compensation Takings

Can Zoning a Golf Course Property as Open Space Result in a Taking?

Downzoning property is always a thorny issue: on the one hand, zoning changes are typical, "police power"-type governmental activities; on the other hand, they can significantly impact property values, and in some cases can...more

9/3/2013 - Liability Police Power Takings

Judge Or Jury? A Critical Eminent Domain Question Answered

When a public agency seeks to impose a land exaction on a planned development, the analysis of whether the proposed dedication meets the necessary "essential nexus" and "rough proportionality" tests is often cumbersome and...more

8/19/2013 - Eminent Domain Nexus Rough Proportionality Test Takings

In Eminent Domain Proceedings, the Likelihood and Constitutionality of a Dedication is a Jury Determination

When a public agency seeks to impose a land exaction on a planned development, the analysis of whether the proposed dedication meets the necessary "essential nexus" and "rough proportionality" tests is often cumbersome and...more

8/14/2013 - Eminent Domain Jury Verdicts Nexus Rough Proportionality Test Takings

First Raisins, Now Tomatoes? Another Federal Government Takings Challenge

It appears the raisin handlers' luck in the recent U.S. Supreme Court decision Horne v. US Department of Agriculture has spawned a new federal takings challenge by another group of fruit growers. This time it's a group of...more

8/12/2013 - Class Action Eminent Domain Farms FDA Fifth Amendment Food Recalls Horne v USDA Salmonella SCOTUS Takings

California Transportation Commission Allocated $487 Million to California Transportation Projects

Money is once again being allocated to improve public infrastructure in California. The California Transportation Commission announced this week the award of $487 million to various projects throughout the state. ...more

8/12/2013 - Department of Transportation Funding Public Projects Public Transit

Sonoma County Settles Eminent Domain Lawsuit on Eve of Trial

The Press Democrat is reporting that Sonoma County has agreed to pay $815,000 to acquire by eminent domain a family's 6.5-acre property next to the Charles M. Schulz airport for a runway extension project, settling the...more

8/8/2013 - Airports Eminent Domain Settlement Takings

Property Owner Loses Inverse Condemnation/Regulatory Takings Challenge to General Plan Amendment/Zone Change

It's not too often a property owner succeeds with an inverse condemnation/regulatory takings claim based on a general plan amendment or zone change. The owner must generally demonstrate that the regulation either on its...more

7/30/2013 - Condemnation Takings

California Eminent Domain Updates

We haven't provided much in the way of updates recently on California infrastructure projects requiring eminent domain. Either we've been too busy to notice or it's been surprisingly quiet recently. But, some headlines did...more

7/23/2013 - Eminent Domain Infrastructure Public Projects Takings

Land Owners Complete a Clean Sweep at the U.S. Supreme Court

In our niche practice of eminent domain, inverse condemnation, and regulatory takings, the blogosphere world is going bonkers. Why? Because the United State Supreme Court just issued its decision in Koontz v. St. Johns...more

6/26/2013 - Dolan v City of Tigard Fifth Amendment Koontz v St John's River Water Management Land Developers Nexus Nollan v California Coastal Commission Permits Rough Proportionality Test SCOTUS Takings Wetlands

City of Fremont to Hold Hearing on Resolution of Necessity for Potential Eminent Domain

According to an article in the Mercury News, Fremont may use eminent domain process to buy land needed for proposed downtown, the City of Fremont's City Council will be holding a public hearing on Tuesday to consider the...more

6/4/2013 - Eminent Domain Land Developers Resolution of Necessity

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

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