Brad Kuhn

Brad Kuhn

Nossaman LLP

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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As cities become more dense and urbanized, it is common for infrastructure to get outdated or insufficient to handle increased demand.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

Condemnation Projects Everywhere!

Public agencies in California are once again getting busy with new projects. It seems at every event I attend all the right-of-way professionals, appraisers and eminent domain attorneys tell me they’re fully occupied. ...more

9/14/2015 - Condemnation Eminent Domain Environmental Impact Report (EIR) Right of Way

Eminent Domain for Public Improvements Supporting Private Development Projects

With the improving real estate economy, there have been an influx of new large development projects throughout California. With these new proposed developments, it is common for local government agencies to require public...more

9/2/2015 - Eminent Domain Infrastructure Public Improvement Projects Real Estate Development Urban Planning & Development

Agencies Cannot Make Conditional Final Offers of Just Compensation in Condemnation Actions

In California eminent domain cases, a property or business owner is entitled to recover litigation expenses (attorneys' fees and expert costs) when the public agency's final offer of compensation is unreasonable and the...more

6/2/2015 - Appeals Business Ownership Eminent Domain Litigation Fees & Costs Offers Property Owners Public Entities San Francisco

What is “Just Compensation” for Gas Station Acquisitions?

Gas stations and car washes are primarily owner-occupied convenience businesses, typically located near freeway off-ramps and at the intersections of well-traveled roadways. As a result, they’re frequently involved in...more

5/25/2015 - Appraisal Eminent Domain Just Compensation Oil & Gas

Court Clarifies Rules for Recovery of Attorneys' Fees in Eminent Domain Actions

In California eminent domain actions, the parties are required to exchange formal settlement proposals 20 days before trial. If the case proceeds to trial, the property owner may recover litigation expenses if its demand was...more

5/5/2015 - Attorney's Fees Cal Code of Civil Procedure Caltrans Eminent Domain Property Owners Settlement Offer

California Court Explains the Interrelationship Between the Resolution of Necessity and Project in the Manner Proposed in an...

One of the issues often disputed between public agencies and property owners in eminent domain actions is the assessment of severance damages, and in particular, whether damages should be based upon (i) the terms of the...more

5/3/2015 - Appraisal Condemnation Eminent Domain Evidence Jury Trial Property Owners Public Entities Resolution of Necessity

Court Clarifies Rules for Recovery of Attorneys’ Fees in Eminent Domain Actions

In California eminent domain actions, absent special circumstances (such as an abandonment, successful right to take challenge, or inverse condemnation finding), a property or business owner is typically only entitled to...more

4/27/2015 - Attorney's Fees Eminent Domain Property Owners Property Valuation

Mello-Roos May Be Used to Fund Condemnation Action of Private Utility Provider

Those of us living in newer neighborhoods are familiar with Mello-Roos – it shows up on our annual tax bills as a way to pay off bonds issued to finance various public improvements, such as schools, streets, and parks that...more

4/20/2015 - Bond Financing Condemnation Eminent Domain Private Utility Property Tax Public Financing Public Projects Utilities Sector

How Does Contamination Impact “Fair Market Value”?

As California continues to expand and improve its infrastructure, public agencies are more frequently running into contaminated property. A frequent question for eminent domain attorneys is: “how does contamination impact...more

3/5/2015

Defining the “Larger Parcel” in Eminent Domain & Inverse Condemnation Actions

When a public agency acquires a portion of property, under California law the property owner is entitled to “severance damages” — or damages to the remainder portion of the property that was not acquired. Usually,...more

2/4/2015 - Eminent Domain Inverse Condemnation Property Owners Public Entities

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