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Brad Kuhn

Brad Kuhn

Nossaman LLP


Latest Publications

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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 Taking

CTC Approves Nearly $1 Billion in Funding Local Transportation Projects

The California Transportation Commission (CTC) recently announced the award of $878 million to fund 114 transportation projects. ...more

5/10/2013 - State Funding

Project Benefits: the "Transit Premium"

Light rail and rapid transit appear to be the hot ticket in California. Most of our right-of-way acquisition and eminent domain work over the last few years has centered on such projects. One interesting dispute that...more

4/26/2013 - Property Valuation Public Transit

Legislative Amendment to California's Loss of Business Goodwill Statute?

California's loss of business goodwill statute, Code of Civil Procedure section 1263.510, provides that before a business can submit its goodwill claim to a jury in an eminent domain case, the business must first demonstrate...more

4/23/2013 - Amended Legislation Eminent Domain Goodwill

Condemn Now, CEQA-Compliance Later? OK. Maybe....

Acquiring property for public projects typically does not occur until after the project has received environmental approval. While this is the generally accepted rule – and it makes sense for a number of reasons – must a...more

4/19/2013 - CEQA Eminent Domain Environmental Impact Report Environmental Review Public Projects

Jury Sides With Property Owner in Solano County Eminent Domain Trial

According to an article in the Daily Republic, Jury: County owes $1.24M in eminent domain dispute, Solano County and a local land owner recently completed an eminent domain trial, and the jury sided with the owner. The case,...more

4/9/2013 - Appraisal Eminent Domain Jury Verdicts Offers Property Owners

La Mirada Resolves Last Eminent Domain Action for Valley View Underpass Project

According to an article in the Whittier Daily News, La Mirada agrees to pay $1.8 million to settle eminent domain case for new railroad underpass, the City of La Mirada has agreed to pay $1.8 million to settle the last...more

4/4/2013 - Easements Eminent Domain Railways Settlement

Regulatory Takings: Monks v. Rancho Palos Verdes Revisited (Again)

For those of you who have followed Nossaman's blog since the very early days, you'll recall our coverage of a significant regulatory takings case, Monks v. City of Rancho Palos Verdes. The 2008 California decision received...more

4/2/2013 - Condemnation Damages Eminent Domain Fifth Amendment Just Compensation Monks v Rancho Palos Verdes Taking

Supreme Court Hears Oral Argument in Horne v. USDA

Over the past several months, we've been following some of the recent takings cases that have made their way up to the United States Supreme Court. So where do things currently stand?...more

3/28/2013 - Fifth Amendment Horne v USDA SCOTUS Taking

Rohnert Park Approves Use of Eminent Domain for Street Widening

According to an article in the Press Democrat, Rohnert Park OKs eminent domain at site of future hotel, restaurant, the Rohnert Park City Council recently adopted a resolution of necessity authorizing the use of eminent...more

3/4/2013 - Acquisitions Casinos Eminent Domain Indian Gaming

Valuation Disputes Centering on Severance Damages and Highest & Best Use

Below are some updates on California projects have turned to eminent domain to complete right-of-way acquisition. They involve issues that are somewhat typical in condemnation proceedings: disputes over severance damages and...more

2/27/2013 - Damages Eminent Domain Just Compensation Property Valuation Taking

Interesting Valuation Dispute in Caltrans Eminent Domain Battle

The California Department of Transportation (Caltrans) and the owner of Silveira Ranch are involved in an interesting valuation dispute stemming from Caltrans' acquisition of part of the ranchland needed for Highway 101...more

2/7/2013 - Caltrans Condemnation Eminent Domain Fifth Amendment Highways Just Compensation Taking

Eminent Domain to Be Used for I-80 and I-680 Interchange

California continues to move forward with more infrastructure improvement projects. According to an article in the Daily Republic, Agency starts eminent domain proceedings for I-80/680 project, the Solano Transportation...more

2/6/2013 - Condemnation Eminent Domain Fifth Amendment Highways Resolution of Necessity

Big Year For Published Eminent Domain Decisions

Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more

1/15/2013 - Arkansas Game & Fish v U.S. Attorney's Fees City of Corona v Liston Brick Condemnation DOT v Dry Canyon Eminent Domain Evidence Fifth Amendment Flooding Jury Questions Just Compensation Loss of Goodwill Mortgages SCOTUS Taking Underwater Homeowners Valuation Experts

More Infrastucture Coming Your Way California

As we mentioned in our recent 2012 Eminent Domain Year in Review, we've seen a boom of infrastructure projects in California -- a trend we expect to continue into the near future. So what exactly are we talking about? ...more

1/13/2013 - Caltrans Condemnation Highways Railways Resolution of Necessity

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 Taking Valuation Experts

Options, Agreements, And Prior Appraisals: Admissibility Issues In Eminent Domain Trials

Originally Published in The Real Estate Finance Journal, December 17, 2012. In eminent domain proceedings, property owners are granted the right to have a jury determine just compensation. But the presentation of...more

12/17/2012 - City of Corona v Liston Brick Eminent Domain Evidence Fifth Amendment Jury Questions Just Compensation Valuation Experts

When is a Resolution of Necessity Tainted By Prior Agency Obligations?

One of the prerequisites to instituting an eminent domain action is the governing agency's adoption of a resolution of necessity to acquire the necessary property. At the time of adopting the resolution, the agency cannot be...more

12/5/2012 - Condemnation Easements Eminent Domain Fifth Amendment Land Developers Resolution of Necessity Taking

Court Decision on Loss of Goodwill Results in Sour Grapes for Business Owners

California is one of only a few states in which a business may recover for loss of goodwill when property is taken by eminent domain, but even here there are limitations on a business' right to recover for such damages. ...more

11/29/2012 - Caltrans DOT v Dry Canyon Eminent Domain Fifth Amendment Just Compensation Loss of Goodwill Taking

I Saw the Sign, and It . . . Was Taken Down?

Those don't quite sound like the lyrics to the early-90's popular Ace of Base hit, "The Sign." But they likely describe the situation of many travelers on the I-10 freeway in Los Angeles thanks to a recent California Court...more

11/7/2012 - Caltrans Condemnation Eminent Domain Estoppel Fifth Amendment Outdoor Advertising Act Taking

When Adopting a Resolution of Necessity, Can Failing to Consider a Substitute Condemnation Constitute a Gross Abuse of Discretion?

While most lawsuits typically start with the filing of a complaint, eminent domain cases really start one key step earlier, with the condemning agency’s adoption of a Resolution of Necessity. The Resolution establishes (i)...more

9/21/2012 - Condemnation Eminent Domain Fifth Amendment Resolution of Necessity Taking

Lessons from a Long, Long Eminent Domain Battle

A few weeks ago, the California Court of Appeal issued an interesting unpublished decision detailing a long, drawn-out eminent domain battle in Riverside County. I haven't blogged about it yet because, well to be honest, it...more

9/14/2012 - Attorney's Fees Easements Eminent Domain Just Compensation Notice Requirements

Abandoning Your Eminent Domain Action May Come With A Hefty Price Tag

On occasion, public agencies decide to abandon or partially abandon an eminent domain proceeding. The most typical reason is due to a revision in project design, making the property no longer necessary for the proposed...more

9/13/2012 - Abandoned Proceeding Attorney's Fees Eminent Domain Fifth Amendment Jury Awards Taking

FHWA Resources

The FHWA recently published a series of useful short videos on its website. For those of you working on transportation projects involving federal aid, check them out below...more

8/30/2012 - Easements Eminent Domain Federal Funding Federal Highway Administration

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