Brad Kuhn

Brad Kuhn

Nossaman LLP

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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 Severance Damages

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 Mello-Roos 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 Severance Damages

A Closer Look At T-Mobile V. Roswell

On Jan. 14, the U.S. Supreme Court issued its long-awaited decision in T-Mobile South LLC v. City of Roswell, holding that the city violated the "in writing" requirement of the Federal Telecommunications Act of 1996, 47...more

2/4/2015 - Cell Towers Municipalities Operational Permits SCOTUS Substantial Evidence Standard T-Mobile South v City of Roswell Telecommunications Act of 1996 Written Notice

U.S. Supreme Court Holds in Favor of Cell Tower Siting Applicants

On January 14, the U.S. Supreme Court in T-Mobile South, LLC v. City of Roswell, held that the City of Roswell ("City") violated the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(B)(iii) (the "Telecommunications...more

1/19/2015 - Cell Phones Municipalities Operational Permits Permits SCOTUS Substantial Evidence Standard T-Mobile T-Mobile South v City of Roswell Telecommunications Telecommunications Act of 1996

Don’t Like Your Utility Rates? Then Condemn The Provider….

There has been a remarkable movement lately throughout California: local government agencies are attempting to take over investor-owned, quasi-public utility companies in an effort to reduce utility bills to their...more

12/15/2014 - Electricity Eminent Domain PG&E Public Utility Water

Eminent Domain Begins for County of Sacramento Road Projects

As traffic continues to increase and roadways become more congested, California’s transportation infrastructure needs to keep up. While there has been a concerted focus on alternative methods of transportation (such as rail,...more

11/13/2014 - Eminent Domain Highways Infrastructure Public Projects Surface Transportation Takings

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

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