Katherine Contreras

Katherine Contreras

Nossaman LLP

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How to Negotiate a Right of Entry After Property Reserve

Last month, the California Supreme Court’s decision in Property Reserve v. Superior Court provided long-awaited certainty for public agencies after a court of appeal determined the often-used “right of entry” statutes failed...more

8/19/2016 - CA Supreme Court Damages Eminent Domain Jury Trial Just Compensation Private Property Right of Entry

Two Decisions out of San Diego Remind Us to Follow the Rules

We don’t often see multiple takings-related cases in one week, but last week we saw three. The California Supreme Court’s decision in Property Reserve was obviously the most important, but the Fourth Appellate District Court...more

7/26/2016 - CA Supreme Court Eminent Domain Inverse Condemnation Just Compensation Property Valuation Real Estate Development San Diego Assoc of Governments (SANDAG) Takings

Can Technology Preserve Government Rights of Entry?

As we await the California Supreme Court’s decision in the Property Reserve case (see related posts here and here), many government agencies are faced with the question of what they will do if the justices deem the current...more

7/7/2016 - Appraisal CA Supreme Court Drones Government Investigations NASA Real Estate Professionals Right of Entry

November Preview? Local bond & tax measures fared well in June

When a third of California’s registered voters turned up to vote this month, most of them got the chance to consider one of the 89 local bond and tax measures on their ballots. School construction bonds made up over half of...more

6/13/2016 - Ballot Measures Conservation Environmental Policies Local Taxes Primary Elections School Bonds

Preparing for the Future – SCAG Adopts 2016 RTP/SCS

The Southern California Association of Governments (SCAG) is the nation’s largest regional planning agency and is governed by an 86-member Regional Council, made up of elected officials from among the six counties and 191...more

5/9/2016 - Air Quality Standards Greenhouse Gas Emissions Public Transit Surface Transportation Transportation Industry Urban Planning & Development

California Transportation Commission Allocates $170 Million to Projects Around the State

At its March meeting, the California Transportation Commission (CTC) approved funding to improve and maintain California’s multimodal transportation system. According to the District 2 Press Release, allocations included...more

3/31/2016 - Infrastructure Public Projects Public Transportation Roads State Funding

Yucaipa Latest California City to Replace Stop Signs with Roundabouts

We have seen a trend where local agencies are choosing to replace stop-sign and signal controlled intersections with roundabouts. The concept is not new; we see them throughout Europe and on the East Coast. But until...more

3/17/2016 - Property Owners Roads

The Brown Act – Reminding Local Governments that the Sun Continues to Shine in California

Transparency in government is a staple of American democracy. The Federal Freedom of Information Act and California’s Public Records Act are two examples of laws that are intended to provide transparency for government’s...more

2/19/2016 - Eminent Domain Open Meetings Act Ralph M. Brown Act Sunshine Act Transparency Urban Planning & Development

[Event] Nossaman's 2016 Eminent Domain Seminar - March 3rd, Costa Mesa, CA

Nossaman LLP invites you to join us for a complimentary afternoon seminar with Nossaman’s Eminent Domain attorneys alongside various industry experts. During this program, our expert panelists will provide the latest insight...more

2/16/2016 - Appraisal Condemnation Continuing Legal Education Eminent Domain Events Public Transit Right of Way Utilities Sector Valuation

A Quick Refresher on the Tax Consequences of Condemnation

Most of us are at least vaguely familiar with the tax on gains from the sale of property. Many of us know that when property is sold voluntarily and the funds re-invested, the gain may be deferred under Internal Revenue Code...more

10/21/2015 - Condemnation IRC Section 1033 Property Owners Proposition 13 Real Estate Transfers Section 1031 Section 1031 Exchange Tax Deferral

Looming Right of Way Certification Deadline Threatens Butte County Project

Right of Way Certification is a key project milestone; not only does it mean a project is ready for advertising but obtaining certification by a certain date is often a prerequisite for funding. Tying certification to...more

5/6/2015 - Eminent Domain Municipalities Public Projects

Court Clarifies Rules for Recovery of Attorneys' Fees in Eminent Domain Actions

In California eminent domain actions, the parties are required to exchange formal settlement proposals 20 days before trial. If the case proceeds to trial, the property owner may recover litigation expenses if its demand was...more

5/5/2015 - Attorney's Fees Cal Code of Civil Procedure Caltrans Eminent Domain Property Owners Settlement Offer

Caltrans and Temecula Join Forces to Relieve I-15 Congestion

The City of Temecula is moving forward with the French Valley Parkway. The project involves constructio of a new arterial, as well as improvements to the I-15 Winchester Road interchange. Phase I of the project included...more

4/2/2015 - Caltrans Construction Industry Highways Infrastructure Request for Proposals

Lake Elsinore to use Eminent Domain to Expand Serenity Park

On Tuesday, the Lake Elsinore City Council adopted a Resolution of Necessity to acquire a 2+ acre property in order to expand Serenity Park. As Michael Williams describes in his article “City hopes to take over boat launch,”...more

3/12/2015 - Eminent Domain Municipalities Public Parks

2014 Eminent Domain Year in Review & 2015 Forecast

At first it seemed 2014 had been a relatively slow year for eminent domain cases. But looking back, there was more activity than we initially recalled. There were few decisions that provided any dramatic shift in the...more

3/10/2015 - Affirmative Defenses CA Supreme Court Eminent Domain Farms Horne v USDA Nollan v California Coastal Commission Private Property Public Access Laws Takings

How Hard Does it Have to Rain Before the Government is Liable for a “Condemnation Cloud?”

Public projects take years of planning and environmental review usually involving outreach to neighboring property owners and other stakeholders. During this process, potential right of way impacts are identified and property...more

2/25/2015 - Condemnation Property Owners Property Valuation Public Projects

CTC Makes First Allocations of 2015 But California’s Infrastructure Future is Murky

At its meeting last week, the California Transportation Commission allocated $174.8 million to 85 projects around the state.  Some of the projects receiving allocations this month include: You can find a full list of projects...more

1/27/2015 - Highway Trust Fund Highways Infrastructure Jerry Brown Ports Public Projects Roads

41 Projects Get Funding at CTC December Meeting

The California Transportation Commission met in Riverside on Wednesday. On the agenda was the allocation of $254 million in funding for transportation projects throughout the state. You can read Caltrans’ press release...more

12/16/2014 - Caltrans Highways Infrastructure State Funding Surface Transportation

City of Needles may use Eminent Domain for I-40 Connector Project

According to Robin Richard’s article, “Needles May Exercise Eminent Domain to make way for Highway 95 Connector,” the City of Needles is considering adopting Resolutions of Necessity to acquire 14 parcels for its long-planned...more

11/14/2014 - Commercial Property Owners Construction Industry Easements Eminent Domain Highways Property Owners Public Projects

City of Pittsburg, CA moves forward on controversial Donlon Blvd. Project

The Contra Costa Times reported last week that the City of Pittsburg certified the environmental document for the Donlon Boulevard extension after nearly two decades of trying. Although the vote was unanimous, the project...more

10/22/2014 - Infrastructure Roads Urban Planning & Development

Public Projects and Business Losses – Who Gets What and When?

Most of us have been inconvenienced by road construction or other public works. Streets can be more congested, exits closed, and traffic re-routed, making it more difficult to get to the restaurants, yogurt shops, book...more

10/8/2014 - Business Valuations Calculation of Damages Damages Eminent Domain Goodwill Public Projects Restaurant Industry Retailers Takings

Appraisal Institute Announces new "Standards of Valuation Practice"

Last week, the Appraisal Institute unveiled its Standards of Valuation Practice (SVP). SVP will not replace USPAP (the Uniform Standards of Professional Appraisal Practice) -- which have long-been the mainstay of appraisal...more

9/3/2014 - Appraisal USPAP Valuation

Keeping its Options Open: Lodi Passes Resolution of Necessity as Negotiations Continue

As we have reported in the past, public agencies are often faced with deadlines to secure possession of necessary right of way and ensure project funding. Given the amount of time it takes to secure possession through the...more

8/11/2014 - Negotiations Public Projects

Fremont Latest California City Seeking to Reinvent its Downtown

Undaunted by the so-called "death of redevelopment," several California cities have pushed to reinvent -- a.k.a. redevelop -- their downtown cores. And it appears to be working....more

7/18/2014 - Economic Development Municipalities Real Estate Development Redevelopment

Optimistic that the Willits Bypass will move forward, Caltrans seeks input on its "child projects"

As reported in the Willits News, Caltrans is going forward with public workshops for the Sherwood Road Intersection Project, one of four "child projects" of the Willits Bypass project, which is anticipated to increase the...more

7/11/2014 - Caltrans Infrastructure Public Transit

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