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Development Conditions Requiring Off-Site Property Acquisitions Not Subject to Takings Law?

We’ve reported in the past that public agencies are more frequently demanding certain off-site public improvements to accommodate proposed private developments as a condition of entitlement approval.  These can range from...more

Condemning Replacement or Substitute Property to Mitigate Damages

A public agency’s acquisition of private property can sometimes trigger significant severance damages due to eliminating access, cutting off utility service, or taking a substantial portion of a property’s parking.  As...more

A Taking or Just a Fee?

We’ve been closely watching the Sheetz v. County of El Dorado case, which has worked its way up through the California trial and appellate courts all the way to the US Supreme Court.  For a quick refresher, the case concerns...more

Government’s Enforcement of Development Plan Conditions is Not a Taking

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

Mojave Air & Space Port to Use Eminent Domain if Negotiations Fail to Lift Off

Eminent domain is typically used for roads, utilities, schools, and even airports, but in California, it is quite unusual (perhaps even unheard of) to use eminent domain for space travel. ...more

[Event] 2019 California Coastal Law Conference - September 10th, Huntington Beach, CA

Nossaman LLP invites you to join us for the 4th California Coastal Law Conference at SeaCliff Country Club in Huntington Beach on September 10th!  This in-depth seminar will feature officials from the California Coastal...more

Faced With Funding Deadlines, Santa Cruz Approves Use Of Eminent Domain

As we have seen far too many times in California, eminent domain becomes a key tool for public agencies in order to keep public works construction on schedule and avoid jeopardizing state or federal funding. ...more

Redevelopment 2.0 On The Books For 2019?

Ever since the demise of redevelopment agencies in 2012, there have been a variety of legislative efforts to revive, incrementally or in whole, some form of redevelopment in California....more

When Proposed Public and Private Projects Collide

Infrastructure projects take years to develop: the environmental review, funding, design, procurement, and construction of a public project is time consuming in any state, but even more so in California given the strict...more

Caltrans’ Ceres Interchange Project May Result in Eminent Domain

With the passing of California’s new gas tax (SB1) earlier this year, local government agencies have come across a new source of funding to complete public infrastructure projects. According to an article in the Ceres...more

Caltrans Seeks Input on SB1 Planning Grants Guides

We’ve previously reported on the recent passage of Senate Bill 1 (SB 1), The Road Repair and Accountability Act of 2017, which will raise approximately $52 billion in funding over the next 10 years specifically for...more

[Event] Right of Way & Legal Strategies for Successful Project Delivery - March 8th, San Francisco, CA

Nossaman LLP and Bender Rosenthal, Inc. invite you to this complimentary afternoon seminar that will provide insight on current right of way issues affecting public agencies and utilities. Our panels of leading industry...more

[Event] Nossaman's 2017 Southern California Eminent Domain Seminar - March 2nd, Los Angeles, CA

Nossaman LLP invites you to join us for our 2017 Southern California Eminent Domain Seminar, "Right of Way & Legal Strategies for Successful Project Delivery." This complimentary afternoon seminar will provide insight on...more

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

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