When a property owner commits to developing property in a certain manner, including providing a certain number of parking spaces, and the local government agency enforces the owner’s failure to comply, does the enforcement...more
Since the California Supreme Court’s 2019 Oroville decision, which narrowed inverse condemnation liability for public agencies, several court decisions have followed suit. ...more
We recently reported on the California Supreme Court’s decision in Oroville which provided a relaxed standard for public agencies facing inverse condemnation claims. Since that decision, a new unpublished Court of Appeal...more
9/19/2019
/ Appeals ,
Erosion ,
Flooding ,
Inverse Condemnation ,
Municipalities ,
Property Damage ,
Property Improvements ,
Property Ownership ,
Public Entities ,
Reasonableness Factors ,
State and Local Government ,
Storm Sewers ,
Summary Judgment ,
Surface Water ,
Water Damage
Inverse condemnation litigation and liability has become a particularly hot topic in California over the last several years. Not many attorneys specialize in this area, and there are a number of traps for the unwary lawyers,...more
7/15/2019
/ Appeals ,
Attorney's Fees ,
Cost Recovery ,
Expert Fees ,
Insurance Claims ,
Inverse Condemnation ,
Negligence ,
Offsets ,
Property Damage ,
Property Owners ,
Public Agencies ,
Public Property ,
Reimbursements ,
Subrogation
When entering into a lease agreement, parties rarely contemplate that the property may be subject to a future eminent domain proceeding. As a result, many times the condemnation provision in the lease is given little...more
Like the vast majority of general civil litigation, eminent domain matters usually settle before going to trial. The resolution is typically documented in either a stipulated judgment or a settlement agreement. ...more
5/23/2019
/ Appeals ,
Caltrans ,
Construction Project ,
Easements ,
Eminent Domain ,
Highways ,
Inverse Condemnation ,
Just Compensation ,
Property Owners ,
Property Valuation ,
Public Projects ,
Real Estate Market ,
State and Local Government ,
Transportation Industry
Many public agencies and utilities have easements for water or gas pipelines or electric transmission lines. Those easements typically contain express rights to construct, operate, and maintain the facilities, including...more
4/29/2019
/ Appeals ,
Governmental Liability ,
Inverse Condemnation ,
Just Compensation ,
Private Property ,
Public Agencies ,
Public Improvement Projects ,
Real Estate Market ,
Right of Way ,
Right to Repair ,
Trees
A few months ago, we reported on a Court of Appeal decision, Bottini v. City of San Diego, where the Court held that delays resulting from a governmental agency’s improper denial of a permit application for a new development...more
2/11/2019
/ Appeals ,
Building Permits ,
Building Standards ,
CA Supreme Court ,
CEQA ,
Coastal Real Estate ,
Damages ,
Delay Claims ,
Exemptions ,
Property Owners ,
Real Estate Development ,
Regulatory Takings
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
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
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