Water Agencies Beware Before Proceeding with Forced Municipalization -
California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more
5/24/2024
/ California ,
Condemnation ,
Construction Contracts ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
Municipalities ,
New Regulations ,
PFAS ,
Public Contracts ,
Public Entities ,
State Water Boards ,
Storm Water ,
Utilities Sector ,
Water ,
Water Quality ,
Water Supplies
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 Since that decision, a new unpublished Court of Appeal...more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
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
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
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