UNITED STATES UPDATES -

California -

Today’s IV, Inc. v. Los Angeles County Metropolitan Transportation Authority, 2022 Cal.App. LEXIS 840 (2022 WL 5107251) -

Facts: A property owner who owned a hotel in Los Angeles asserted claims of inverse condemnation and nuisance for the construction of an underground subway line. The property owner argued the claims were based on (1) the use of a cut-and cover construction method, instead of a tunnel boring machine, (2) construction work during nights and weekends (which was particularly harmful to the hotel), (3) violation of certain noise limits, and (4) interference with access to the hotel. The trial court found no liability for inverse condemnation or nuisance.

Originally Published by the Real Estate Law Committee of the International Right of Way Association (IRWA).