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How Does Contamination Impact “Fair Market Value”?

As California continues to expand and improve its infrastructure, public agencies are more frequently running into contaminated property. A frequent question for eminent domain attorneys is: “how does contamination impact...more

California Case Requires Arbitration Despite Lack of Actual Controversy

For parties to litigate a contract dispute in a court of law, the parties’ disagreement must have ripened into an actual controversy presenting more than a mere academic difference of opinion. But under a recent California...more

Five Holiday Season Tips for Retail Landlords

The holiday season brings many desirable things to a retail center: a fresh holiday look, a sense of excitement and anticipation, and most importantly — more traffic and customers. Along with these benefits, the holidays also...more

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

Governor Brown Vetoes Eminent Domain Bill, But I'm Not Sure Why

Earlier this week, Governor Brown vetoed AB 374, a bill to amend Code of Civil Procedure section 1263.510, the statute governing recovery of loss of business goodwill in an eminent domain case. But it's not the veto that...more

Underwater Mortgages: Can Eminent Domain Bail Them Out?

This article examines the constitutionality and possible implications of the plan being considered in several parts of the country to use the power of eminent domain to seize "underwater mortgages". The plan has been...more

When Inverse Condemnation and Eminent Domain Overlap: Owners Beware of Attorney Contingency Fee Arrangements

Property owners are routinely hiring attorneys well in advance of a public agency's filing of an eminent domain action. Many times, the representation begins before it is even certain whether the agency will actually move...more

Big Year For Published Eminent Domain Decisions

Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more

Court Decision on Loss of Goodwill Results in Sour Grapes for Business Owners

California is one of only a few states in which a business may recover for loss of goodwill when property is taken by eminent domain, but even here there are limitations on a business' right to recover for such damages. ...more

Real Estate Transactions With Native American Tribes By Adam M. Starr*

INTRODUCTION - Commercial contracting with Native American tribes presents a number of complicated and unsettled questions of federal and state law. The increasing visibility of tribal entities in California real estate...more

Textainer Equipment Management Limited, et al., v. The United States

Opion Re: Fifth Amendment Takings Clause; Subcontractor Takings Claim; Property Interest Modified by Agreement, et cet.

Is it a Breach of Contract or a Taking? One of the most troublesome, and recurring, challenges in takings litigation is whether the action that resulted in the loss of property is due to a breach of contract or an act of...more

Love Terminal Partners v. United States

Love Terminal Wins Partial Summary Judgment

In 2006, Congress passed legislation requiring the City of Dallas, Texas to demolish the gates at the Legend Terminal at Love Field, to accomodate a deal struck between Southwest Airllines and American Airlines and the city....more

Wardman v. District of Columbia, et al

DC Convention Center Hotel Case Opinion

Private developer sued the District of Columbia alleging that the City Council exceeded its legislative authority pursuant to the D.C. Home Rule Act in exempting a substantial public-private development project from the...more

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