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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

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

Court Rejects Statute Allowing Court Ordered Entry Onto Private Property by Public Agencies for Pre-Acquisition Testing

California Eminent Domain Law allows public agencies to obtain a court order permitting access onto private property to conduct pre-acquisition testing and inspections. These tests and inspections can help an agency...more

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

Weekly Law Resume - January 2014: Conduct As Interference With Easement

Flora Dolnikov v. Dikran Ekizian - Court Of Appeal, Second District (December 19, 2013) - This case dealt with an easement for ingress and egress to undeveloped lots in the Hollywood Hills. In 1942, defendants’...more

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

NEW CASE ALERT (Easement Law): Refusing To Consent To Development Plans May Trigger Tort Liability For Interference With Easement

If an easement owner is required to obtain governmental approval in order to develop that owner’s property, and the neighboring property owner refuses to consent to the development (e.g. refusing to execute consent for a...more

No Private Attorney General Fees for Homeowner

In Donald A. Norberg v. California Coastal Commission (4th Dist., Div. 3, 10/25/13, G047522) ___Cal.App.4th___, 2013, the court of appeal reversed the trial court’s award of private attorney general fees because the...more

Bank of New York Mellon Corp. Sues to Block City of Richmond’s Condemnation of Home Loans

The Bank of New York Mellon Corporation (BNY) is seeking an injunction to prevent the City of Richmond, California from using eminent domain powers to seize and refinance more than 600 home loans with outstanding balances...more

Koontz: The latest chapter in land use permitting and takings

In a landmark environmental case, the United States Supreme Court expanded the scope of potential governmental liability for takings. In Koontz v. St. Johns River Water Mgmt. Dist, 133 S. Ct. 2586 (2013), the Court held that...more

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

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

California Supreme Court Set to Hear First Post-Koontz Takings Case

As reported by our colleague Robert Thomas on inversecondemnation.com, the California Supreme Court granted the California Building Industry Association's (CBIA) petition for review in California Building Industry Association...more

Update: Attorney Fees Provision in Government Code Section 65589.5(k) is Limited to Affordable Housing Developments

An applicant who wanted to subdivide a parcel of land into residential lots sought an award of attorney fees after he sued a county’s board of supervisors and won approval of his application. The court of appeal held that...more

A Cautionary Tale on Alleging Precondemnation Damages Versus a De Facto Taking

Eminent domain cases typically revolve around a "date of value" – the date on which property is valued in determining the amount of just compensation the condemning agency must pay. That date is set by statute; typically, it...more

California High-Speed Rail - What You Need To Know

Project Overview - The California High-Speed Rail Authority (“HSR”) plans to build an 800-mile high-speed rail system stretching from San Francisco to Los Angeles/Anaheim and eventually to Sacramento and San Diego....more

Owners of Condemned Property are Not Entitled to Precondemnation Damages When Decline in Property Value is Not Caused by Actions...

In People v. McNamara (--- Cal.Rptr.3d ----, Cal.App. 6 Dist., August 14, 2013), a California court of appeal considered whether the owners of property condemned by a state agency were entitled to precondemnation damages due...more

Fourth Circuit Rejects Manipulation Of Judicial Process As Ocean Manhandles Homes

Can a community condemn shorefront cottages where the beach has eroded at 8 feet per year and the cottages interfere with emergency responders traveling along the beach? ...more

DISPUTE RESOLUTION - Oil & Gas Litigation - Heightened Scrutiny of Pipeline Companies' Common Carrier Status Perhaps a New Reality

Two recently-decided Texas cases illustrate that heightened scrutiny of pipeline companies' status as common carriers may be applied when landowners challenge their ability to secure easements by eminent domain. ...more

United States Supreme Court Rules in Favor of Real Property Owner in Federal Constitutional Takings Case

The Supreme Court of the United States published an important land use case on June 25, 2013, which provided a partial victory for a real property owner, based on the denial of a permit by a Florida permitting agency. The...more

The 2013 U.S. Supreme Court Takings Trilogy

It’s the last week of the U.S. Supreme Court’s term, so the big 5-4 decisions are out. Tuesday the big decision was Koontz v. St. Johns River, a takings case. This completes the trilogy of takings cases in front of the...more

Supreme Court decision will impact land-development projects nationwide

In a decision that will impact land-development projects nationwide, the U.S. Supreme Court held this week that the government may not condition a land-use permit on mitigation requirements that do not have an essential...more

US Supreme Court Limits Governmental Power to Impose Conditions on New Development

The extent to which governmental authorities may condition land use permits on exactions and concessions from land use permit applicants has received extraordinary attention from the United States Supreme Court in recent...more

U.S. Supreme Court Rules For Property Owner In Important Takings Case

In a 5-4 decision, the U. S. Supreme Court expanded the reach of the requirement that there be a “nexus” and “rough proportionality” between the impacts of a proposed development and governmental conditions imposed on the...more

Denying Land-Use Approval if a Land Owner Will Not Pay for Mitigation Efforts Triggers Heightened Constitutional Scrutiny - U.S....

If a governmental authority denies approval of a land-use permit because an applicant refuses to spend money on a government project, such as a mitigation project, the government must defend its denial under heightened...more

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