Brad Kuhn

Practice/Organization Description

Brad Kuhn specializes in real estate and business litigation, with an emphasis on eminent domain, inverse condemnation, and other property and business valuation matters. He regularly provides strategic advice to property owners, businesses, and public agencies to creatively resolve complex land acquisition and valuation disputes through effective planning and litigation practices. Mr. Kuhn has worked on some of the largest multi-million dollar eminent domain and valuation cases in California and he is routinely praised for his client service and dedication to understanding and achieving his clients' goals.

Aside from his condemnation work, Mr. Kuhn also has extensive experience handling a wide array of real estate and business matters. He assists clients with lease and purchase-and-sale agreement disputes, unlawful detainer actions, title, easement and boundary matters, and other land use, environmental and entitlement issues.

Recently, The American Lawyer & Martindale Hubbell both recognized Mr. Kuhn as a "2013 Top Rated Lawyer in Land Use and Zoning." Similarly, in 2012, OC Metro named Mr. Kuhn as one of the top 5 Land Use/Zoning Law attorneys in Orange County. He has been repeatedly recognized by Los Angeles magazine as a "Southern California Rising Star," and he is Preeminent AVĀ® rated by Martindale Hubbell, the highest designation of professional excellence. Mr. Kuhn frequently speaks at right of way and valuation industry organizations, such as the International Right of Way Association (IRWA), the Appraisal Institute, and the American Society of Appraisers, and he serves on the Executive Board of the Riverside/San Bernardino Chapter of the IRWA. He also regularly comments and writes articles on court decisions, news, events, and policy impacting eminent domain and redevelopment for the Daily Journal and on the Firm's California Eminent Domain Report blog.

REPRESENTATIVE WORK

Mr. Kuhn represents a broad range of property and business owners in Southern California, including (i) large corporations and developers, such as Centex Homes, Anheuser Busch, Sprint/Nextel Corporation, T-Mobile, Outback Steakhouse, and First Industrial Realty Trust, (ii) family businesses, such as franchisees of Subway, Kentucky Fried Chicken, and Golden Spoon, and (iii) owners of vacant land, multi-family, commercial and industrial properties, such as apartment complexes, lumber yards, and commercial shopping centers.

Winchester 700 v. Western Riverside County Regional Conservation Authority Represented the owner of a 454-acre property in Riverside County that the RCA deemed necessary for conservation as part of its Habitat Conservation Plan. The RCA and the County refused to process Winchester's development entitlements, yet they never made an offer to purchase, instead "de facto" conserving the property. Under threat of an inverse condemnation action, Mr. Kuhn assisted Winchester in an arbitration in which the RCA presented appraisal testimony of a value below $30 million. After completion of the arbitration, the parties reached a settlement by which the RCA paid more than $70 million.

Makar Properties v. City of Huntington Beach Represented developer Makar Properties against the City of Huntington Beach in connection with a dispute regarding the value of Makar's "Pacific City" property. The valuation impacted the park-in-lieu fee Makar was required to pay as part of its development. The parties were nearly $50 million apart in their valuation figures. Mr. Kuhn assisted Makar at binding arbitration where the three judge panel awarded a value exactly at Makar's appraisal testimony. This equated to a $20 million savings in park fees for Makar.

Bar Admissions

California

Education

Chapman University School of Law, magna cum laude;

University of Southern California, cum laude

Professional Associations & Memberships

International Right of Way Association

Honors and Awards

Southern California Rising Star, Los Angeles Magazine

Preeminent AV rated by Martindale Hubbell

2013 Top Rated Lawyer in Land Use and Zoning, by The American Lawyer & Martindale Hubbell

Top 5 Land Use/Zoning Law attorneys in Orange County by OC Metro

Areas of Practice

  • Energy & Utilities
  • Environmental Law
  • Government
  • Litigation
  • Real Estate
  • Transportation
  • Zoning, Planning & Land Use

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