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Zoning Activities Are Not Protected Speech

When a property owner brings a regulatory taking / inverse condemnation claim based on a city or county’s zoning decisions, the owner often provides context and history, including public statements made by staff, board...more

Public Agency’s Resolution of Necessity Not Entitled to Conclusive Presumption When Using Eminent Domain for Takeover of Public...

In California, when a government entity adopts a resolution of necessity to acquire property by eminent domain, that resolution typically “conclusively” establishes the requisite findings of public use and necessity. However,...more

Railway Fails to Establish Right to Use Eminent Domain

In eminent domain cases, it is uncommon that right to take challenges are upheld, and when they are, it is typically a procedural deficiency that can be cured. It is even more unusual where a right to take challenge is...more

Amendments to Proposed Legislation Would Change Municipalization / Eminent Domain Takeovers of Electric, Gas and Water Utilities

We’ve previously reported on Senate Bill 917, which was introduced on February 3, 2020, by Senator Wiener (D-San Francisco) to establish a process for a potential government takeover of investor-owned electrical, gas and...more

Brad Kuhn Comments on California Wildfires, Inverse Condemnation

Brad Kuhn was quoted extensively in the Daily Journal article “Century-Old Doctrine Haunts Fire Litigation.” The article provides an overview of how developments in inverse condemnation that occurred in 2019 pose numerous...more

California Supreme Court Provides Rare Update on Inverse Condemnation Doctrine

On August 15, 2019, the California Supreme Court (“Supreme Court”) issued its first inverse condemnation opinion in more than 22 years in the case City of Oroville v. Superior Court of Butte County, Case No. S243247...more

Governor Newsom Outlines Ambitious Strategy to Tackle Wildfires

In Governor Gavin Newsom’s first State of the State address, he called for the creation of a strike force charged with developing a comprehensive strategy to address the destabilizing effect of catastrophic wildfires on the...more

California To Finally Tackle Inverse Condemnation Reform For Wildfires?

In Governor Gavin Newsom’s first State of the State address, he called for the creation of a strike force charged with developing a comprehensive strategy to address the destabilizing effect of catastrophic wildfires on the...more

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

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

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