Katrina Diaz

Katrina Diaz

Nossaman LLP

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Agencies Cannot Make Conditional Final Offers of Just Compensation in Condemnation Actions

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

6/2/2015 - Appeals Business Ownership Eminent Domain Litigation Fees & Costs Offers Property Owners Public Entities San Francisco

A Public Agency’s Contingent Final Offer Of Compensation Is Not Reasonable

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

6/1/2015 - Eminent Domain Federal Transit Administration Just Compensation Legal Costs

Water District Not Liable In Inverse Condemnation When Water Pipe Breaks and Damages Property

California’s infrastructure is aging. There have been numerous reports of water line breaks and gas line leaks, and public agencies have been moving quickly to upgrade their utilities to minimize these risks and satisfy...more

2/24/2015 - Appeals Critical Infrastructure Sectors Inverse Condemnation Property Damage Public Entities Public Utility

A Closer Look At T-Mobile V. Roswell

On Jan. 14, the U.S. Supreme Court issued its long-awaited decision in T-Mobile South LLC v. City of Roswell, holding that the city violated the "in writing" requirement of the Federal Telecommunications Act of 1996, 47...more

2/4/2015 - Cell Towers Municipalities Operational Permits SCOTUS Substantial Evidence Standard T-Mobile South v City of Roswell Telecommunications Act of 1996 Written Notice

Valuing Rail Corridors

In the aftermath of last year’s Rails-to-Trails Decision, Marvin M. Brandt Revocable Trust v. United States, 572 U.S. ___ (2014), the valuation of rail corridors may become increasingly necessary.  Typically there are three...more

1/30/2015 - Railways Transportation Corridor Valuation

U.S. Supreme Court Holds in Favor of Cell Tower Siting Applicants

On January 14, the U.S. Supreme Court in T-Mobile South, LLC v. City of Roswell, held that the City of Roswell ("City") violated the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(B)(iii) (the "Telecommunications...more

1/19/2015 - Cell Phones Municipalities Operational Permits Permits SCOTUS Substantial Evidence Standard T-Mobile T-Mobile South v City of Roswell Telecommunications Telecommunications Act of 1996

Governor Brown Signs into Law AB 229 and SB 628, Giving New Life to Tax Increment Financing

In late September, Governor Brown signed into law AB 229 and SB 628, which are intended to finance public capital facilities or other specified projects of communitywide significance previously financed by redevelopment...more

11/12/2014 - Economic Development Redevelopment Tax Increment Financing

Challenging the Right to Take: What Happens When a Government Agency Requires a Property that is Already Devoted to a Public Use?

Often times government agencies require property for a public project that is already put to a public use. What are the acquiring agency’s options, assuming an agreement cannot be reached prior to filing a condemnation...more

9/16/2014 - Condemnation Government Entities Public Projects Public Property Takings

Court Allows ESA Claims Involving Oversight of Pesticides to Move Forward

In Center for Biological Diversity v. Environmental Protection Agency, No. 11-cv-00293-JCS, plaintiffs alleged that the Environmental Protection Agency (EPA) violated section 7 of the Endangered Species Act by failing to...more

8/21/2014 - EPA ESA Fish and Wildlife Service National Marine Fisheries Service Pesticides Section 7 Statute of Limitations Subject Matter Jurisdiction

City May Be Liable for Damage to Home Caused by Falling Tree in Inverse Condemnation and Nuisance

During a windstorm, a tree owned by the City of Pasadena fell on Mr. O’Halloran’s residence, causing damage to his home. Mercury Casualty Company paid Mr. O’Halloran for the damage pursuant to his homeowner’s insurance...more

8/19/2014 - Condemnation Damages Governmental Liability Homeowner's Insurance Inverse Condemnation Liability Nuisance

House Passes ESA Reform Package

On July 29, 2014, the U.S. House of Representatives passed Endangered Species Act (ESA) reform legislation introduced by members of the House Natural Resources Committee. As previously reported, the legislation consists of...more

7/31/2014 - Endangered Species Act ESA ESA Listings New Legislation

Oxnard Union High School District to Acquire Nearby Church Property

The Oxnard Union High School District began Eminent Domain procedures to acquire property owned by the Church of Jesus Christ of Latter-day Saints. The property is required for construction of a right-turn lane for the new...more

7/9/2014 - Eminent Domain Takings

U.S. Fish and Wildlife Service Downgrades Wood Stork From Endangered to Threatened

The U.S. Fish and Wildlife Service (Service) issued a final rule reclassifying the U.S. breeding population of the wood stork (Mycteria americana) from endangered to threatened. According to the Service, when the wood...more

7/7/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service

U.S. Fish and Wildlife Service Lists the New Mexico Jumping Mouse as Endangered

The U.S. Fish and Wildlife Service (Service) issued a final rule listing the New Mexico meadow jumping mouse (Zapus hudsonius luteus) as endangered under the Endangered Species Act. The jumping mouse is a small mammal...more

6/13/2014 - Endangered Species Act ESA Listings Final Rules Fish and Wildlife Service

Two Plant Species May Find Protection Under The Endangered Species Act

The U.S. Fish and Wildlife Service (Service) has issued a final rule listing the Kentucky Glade Cress (Leavenworthia exigua var. laciniata) as threatened species under the Endangered Species Act (ESA). The Kentucky Glade...more

5/19/2014 - ESA ESA Listings Final Rules Fish and Wildlife Service Proposed Regulation

Natural Resources Committee Discusses Endangered Species Act Reform

Earlier this week, the House Natural Resources Committee held a hearing to discuss Endangered Species Act (ESA) reform. The hearing focused on four bills that seek to require data and spending transparency under the ESA....more

4/15/2014 - ESA Litigation Fees & Costs Transparency

Proposed Bill Seeks To Require Federal Agencies To Count Species On State, Tribal, And Private Lands Before Listing The Species...

Republican Congressman Chris Stewart (UT) recently introduced a bill that would amend the Endangered Species Act (ESA) to require federal wildlife agencies to include the number of species found on state, tribal, and private...more

3/24/2014 - Endangered Species Act ESA Listings Tribal Lands

U.S. Fish And Wildlife Service Lists Two Texas Salamanders As Threatened

The U.S. Fish and Wildlife Service (Service) issued a final rule listing the Georgetown salamander (Eurycea naufragia) and the Salado salamander (Eureycea chisholmensis) as threatened under the Endangered Species Act (ESA)....more

2/28/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service

City of Bakersfield Secures Early Release of $180 million in Federal Funding for Centennial Corridor and 24th Street Widening...

The City of Bakersfield can now purchase property in the path of the Centennial Corridor Project between the Westside Parkway and Highway 58. Under the early acquisition federal program, the City of Bakersfield may purchase...more

2/28/2014 - Public Projects Urban Planning & Development

Congressional Working Group Seeks Reform Of The Endangered Species Act

Members of the Endangered Species Act (ESA) Congressional Working Group recently released a final report asserting that the ESA “is not working” and providing four recommendations for improvement....more

2/13/2014 - Endangered Species Act Legislative Agendas

Government Need Not Satisfy Nexus and Proportionality Tests if Dedication Requirement Does Not Otherwise Constitute a Taking

Landowners routinely have to give up something in return for a government agency’s granting a discretionary permit. However, there are limits, as the government agency cannot typically demand conditions that are not...more

1/29/2014 - Dolan v City of Tigard Eminent Domain Nexus Nollan v California Coastal Commission Permits Proportionality SCOTUS Takings

U.S. Fish And Wildlife Service Seeks Proposals Under Section 6 Of The ESA For Federal Financial Assistance

The U.S. Fish and Wildlife Service (Service) is seeking proposals from states or territories for federal grants from the Cooperative Endangered Species Conservation Fund (Fund) for voluntary conservation projects that benefit...more

1/29/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service

U.S. Fish And Wildlife Service Affirms Listing Of The White Bluffs Bladderpod

The U.S. Fish and Wildlife Service (Service) recently affirmed its decision to list the White Bluffs bladderpod (Physaria douglasii subsp. tuplashensis) as threatened under the Endangered Species Act (ESA). The Service also...more

1/10/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service

Committee Recommends Delisting Yellowstone Grizzly Bear

Last week, the Interagency Grizzly Bear Committee, a panel consisting of federal, state, local, and tribal representatives, recommended that the U.S. Fish and Wildlife Service (Service) remove the grizzly bear (Ursus arctos...more

12/24/2013 - Endangered Species Endangered Species Act ESA Listings Fish and Wildlife Service

Oversight Of Pesticide Ingredients May Trigger A Duty To Consult Under The Endangered Species Act

In Center for Biological Diversity v. Environmental Protection Agency, No. 11-cv-00293, plaintiffs sued the Environmental Protection Agency (EPA), alleging that EPA’s oversight of pesticide ingredients, including trifluralin,...more

12/13/2013 - Duty To Consult Endangered Species Act EPA ESA Listings National Marine Fisheries Service Pesticides

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