Brad Kuhn

Brad Kuhn

Nossaman LLP

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Six Regional Projects Awarded Federal Funding

Good news California: local projects are continuing to receive federal funding. Caltrans announced last week that the U.S. Department of Transportation has granted nearly $35 million in TIGER funds to six local and regional...more

9/16/2014 - Department of Transportation Federal Funding Grants TIGER Program

Greater Guidance Comes To Calif. For Land Appraisals

Courts have long recognized that valuing mineral rights in eminent domain proceedings is inherently speculative, which can lead to wide swings in property valuations. So how can appraisers, property owners and public agencies...more

9/8/2014 - Appraisal Mineral Exploration Mineral Rights Property Tax Property Valuation

Did Koontz Stop Illegal Development Exactions in California?

The U.S. Supreme Court's decision last year in Koontz v. St. John's River Water Management District received quite a bit of national coverage in the development world. If you'll recall, Koontz held that the nexus and...more

8/26/2014 - Exactions Koontz v St John's River Water Management Mitigation Fee Act SCOTUS

Motions in Limine May be Used in Eminent Domain Proceedings to Determine Party's Interest in Property

"Motions in limine" are motions made shortly before trial, and they're typically filed in an attempt to limit the introduction of evidence to the jury. They are a powerful tool in eminent domain proceedings, and can be used...more

7/23/2014 - Eminent Domain Motions in Limine Takings

Time Limit to Transfer Base Year Property Tax Value Expanded for Eminent Domain Takings

Californians who have owned their properties for years understand the benefits of Proposition 13: their property taxes are based upon the property's purchase price (with only small allowable annual increases), as opposed to...more

7/22/2014 - Eminent Domain Property Tax Property Valuation Real Estate Transfers Takings

Property Reserve on Hold: Supreme Court to Review Eminent Domain Right of Entry Statutes

Just a few months ago, the California Court of Appeal handed down a significant decision in Property Reserve v. Superior Court which nearly eviscerated public agencies' ability to make use of the statutory "right of entry"...more

6/27/2014 - Eminent Domain Takings

City of Adelanto Halts Eminent Domain Efforts After Adopting Resolution of Necessity

Eminent domain litigation can be expensive. Not just the cost of acquiring the property (which is valued based on its highest and best use, and the "highest price" a willing buyer would pay), but the attorneys' fees, expert...more

6/23/2014 - Eminent Domain Resolution of Necessity Takings

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

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