Rick Rayl

Rick Rayl

Nossaman LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Recent Trends In Eminent Domain -- And What To Expect Next

2013 felt a bit like deja vu, as much of the year was dominated by recurring themes: redevelopment dissolution issues, headlines on the condemnation of underwater mortgages, the U.S. Supreme Court showing interest in takings,...more

4/4/2014 - Eminent Domain Inverse Condemnation Takings

Ruling May Put The Brakes On Some CEQA Investigations

For years, public agencies have utilized a statutory "right-of-entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with a condemnation action....more

4/1/2014 - CEQA Condemnation Environmental Impact Report Right of Access Takings

Precondemnation "Right of Entry" Statutes Challenged as Unconstitutional Takings

For years, public agencies have utilized a statutory "right of entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with a condemnation action. ...more

3/26/2014 - CEQA Condemnation Eminent Domain Takings

Court Decision Raises Questions About Viability of Precondemnation "Right of Entry" Efforts

Last week, the Court of Appeal issued a decision that may be one of the ones we look back on as among the most significant of 2014 (at least in the world of eminent domain). For years (and certainly for the entire 20 years...more

3/24/2014 - Condemnation Eminent Domain Takings

2013 Eminent Domain Year in Review & 2014 Forecast

It's become our custom this time of year to provide our readers with an eminent domain recap from last year along with our thoughts on what to expect in 2014. 2013 felt a bit like déjà vu, as much of the year was dominated...more

3/21/2014 - Eminent Domain Inverse Condemnation SCOTUS Takings

Rails-to-Trails Decision: Supreme Court Holds that Government Does Not Retain Reversionary Interest

The "Rails-to-Trails" program sounds like such a great idea in theory: take old, abandoned railroad right of way and turn it into public trails. Who would complain about that? Well, it turns out lots of people might...more

3/13/2014 - Brandt Irrevocable Trust v Us Railways Reversionary Rights SCOTUS

Supreme Court Strikes Blow to "Rail-to-Trails" Program

In the latest in a string of recent U.S. Supreme Court cases that impact right of way issues, on Monday the Court issued its opinion in Marvin M. Brandt Revocable Trust v. United States (Case No. 12-1173, March 10, 2014). ...more

3/13/2014 - Brandt Irrevocable Trust v Us Railways Reversionary Rights SCOTUS

Proportionality, Nexus Don't Matter If It's Not A Taking

Landowners routinely have to give up something in return for a government agency's granting a discretionary permit. Developers are quite familiar with these requirements, as they are consistently compelled to dedicate...more

2/6/2014 - Nexus Permits Proportionality Rough Proportionality Test

Redevelopment Wind-Down: A Few Random Thoughts

I saw a couple of California redevelopment-related stories over the past week that seemed worthy of at least a brief comment. First, a court decision involving a rather bold argument by a public agency. ...more

1/30/2014 - Eminent Domain Infrastructure Jerry Brown Municipalities Redevelopment

California Supreme Court to Hear Eminent Domain Case

In August, I reported on the decision in City of Perris v. Stamper, in which the Court of Appeal weighed in on the ever-shifting line dividing the judge and jury's roles in eminent domain cases. At the time, I poked a bit of...more

11/22/2013 - Eminent Domain Takings

Polanco Act 2.0 Set to Commence in 2014

When Governor Brown eliminated California’s redevelopment agencies with one swipe of his pen (OK, fine, he had a bit of help from the California Supreme Court as well), one of the things that got a bit lost in the ensuing...more

11/18/2013 - Contaminated Properties Environmental Policies Jerry Brown Redevelopment

Supreme Court Taking Another Takings Case

The Supreme Court is apparently not done with its recent interest in takings decisions. Following the decisions in Arkansas Game and Fish Commission v. United States, Horne v. Department of Agriculture, and Koontz v. St....more

10/3/2013 - Brandt Irrevocable Trust v Us Fifth Amendment Just Compensation Railways Reversionary Rights SCOTUS Takings

Condeming Underwater Mortgages: Another Look at the Legality of it

OK, I'll admit it. A year ago I thought this whole condemnation-of-underwater-mortgages thing would die off pretty quickly. I predicted we'd never see any large-scale condemnation effort. So far, I've missed badly on the...more

9/25/2013 - Condemnation Dormant Commerce Clause Foreclosure Mortgages Underwater Homeowners

Sometimes A Taking Is Not Really 'Taking'

The background facts of a recent Federal Circuit opinion, TrinCo Investment Co. v. United States, No. 2012-5130 (July 18, 2013), seem deceptively simple: the government removes $6.6 million of timber from private property...more

9/4/2013

Judge Or Jury? A Critical Eminent Domain Question Answered

When a public agency seeks to impose a land exaction on a planned development, the analysis of whether the proposed dedication meets the necessary "essential nexus" and "rough proportionality" tests is often cumbersome and...more

8/19/2013 - Eminent Domain Nexus Rough Proportionality Test Takings

The Continuing Effort to Define the Line Between Court and Jury Roles in Eminent Domain

Eminent domain attorneys struggle with a concept foreign to most civil litigators: figuring out the roles of the judge and jury. Even most non-attorneys know the basic rule of trial: the jury is the "fact-finder." But in...more

8/15/2013 - Eminent Domain Judges Jury Trial Takings

In Eminent Domain Proceedings, the Likelihood and Constitutionality of a Dedication is a Jury Determination

When a public agency seeks to impose a land exaction on a planned development, the analysis of whether the proposed dedication meets the necessary "essential nexus" and "rough proportionality" tests is often cumbersome and...more

8/14/2013 - Eminent Domain Jury Verdicts Nexus Rough Proportionality Test Takings

Sometimes a Taking is not a "Taking"

As an eminent domain lawyer, I sometimes feel about takings claims like Justice Potter Stewart felt about obscenity: I know it when I see it. But every so often, a case comes along that reminds us that we might need to dig...more

8/5/2013 - Emergency Response Resolution of Necessity Takings

City of Agoura Hills Moving Forward with Palo Comado Interchange Project

The City of Agoura Hills is moving forward with its plans for the U.S. 101/Palo Comado Canyon Road Interchange at Chesebro Road....more

7/30/2013 - CEQA Local Ordinance NEPA Public Projects Roads

City of Santee Set to Commence Eminent Domain Actions

The City of Santee's Prospect Avenue Widening Project is moving forward, and because the City has not been able to secure all the necessary right of way voluntarily, the City is now poised to condemn the remaining interests...more

7/25/2013 - Eminent Domain Infrastructure Municipalities Roads Takings

The Grapes of Wrath: U.S. Supreme Court Holds that Takings Claim Can be Raised as an Affirmative Defense to Enforcement Action...

In a unanimous opinion written by Justice Thomas, the Supreme Court held that California raisin handlers could assert a takings claim as an affirmative defense to an enforcement action filed by the United States. Horne v....more

6/13/2013 - Farms Fifth Amendment Jurisdiction Ripeness SCOTUS Takings

Another Failed Regulatory Takings Claim Under Penn Central

We've talked in the past about just how hard it is to state a regulatory takings claim under the Supreme Court's decision in Penn Central Transportation Co. v. New York City, 438 U.S. 104. I'd go through the test and how...more

4/26/2013

Disclaiming Eminent Domain Defendants: To Dismiss or not to Dismiss?

Recently, we came across an interesting request from an attorney for a condemnee. The condemnee had filed a Disclaimer in the eminent domain action, stating that they had no interest in the property being condemned. This,...more

4/22/2013 - Condemnation Disclaimers Dismissals Eminent Domain Transfer of Title

Court Addresses California's Changed Eminent Domain Prejudgment Possession Rules

Following the 2005 Kelo decision, California enacted a number of modest eminent domain reforms. For eminent domain attorneys, the most significant changes arguably came in the procedures for obtaining prejudgment possession....more

4/4/2013

Follow Up on IRWA/Appraisal Institute "2012 Eminent Domain Year in Review" Presentation

For those of you who attended the joint meeting today between Chapter 1 of the International Right of Way Association and the Appraisal Institute, we promised to post a cheat sheet that reminds you about the cases associated...more

3/20/2013 - Condemnation Eminent Domain Evidence Fifth Amendment Legal Costs Loss of Goodwill Takings Valuation Experts

33 Results
|
View per page
Page: of 2