Brad Kuhn

18101 Von Karman Ave. Suite 1800
Irvine, CA 92612, United States

  • 949-833-7800
  • 949-833-7878

2012 Eminent Domain Year in Review & 2013 Forecast

As we look back on 2012, it was unquestionably a busy year. Federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. The potential use of eminent domain to…more
| Civil Remedies, Energy & Utilities, Real Estate - Commercial, Transportation, Zoning, Planning & Land Use

When is a Resolution of Necessity Tainted By Prior Agency Obligations?

One of the prerequisites to instituting an eminent domain action is the governing agency's adoption of a resolution of necessity to acquire the necessary property. At the time of adopting the resolution, the agency cannot be…more
| Commercial Law & Contracts, Government Contracting, Real Estate - Commercial, Transportation, Zoning, Planning & Land Use

Supreme Court Holds Temporary Flooding Can Be A Taking

After passing on a number of Fifth Amendment issues in recent history, the U.S. Supreme Court is scheduled to hear three cases this term in which the takings clause plays a prominent role. And today, the Court addressed the…more
| Agriculture, Commercial Law & Contracts, Real Estate - Commercial, Transportation, Zoning, Planning & Land Use

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. Before…more
| Agriculture, Commercial Law & Contracts, Real Estate - Commercial, Transportation, Zoning, Planning & Land Use

Potential Future Takings Do Not Give Rise to Liability

A new Court of Federal Claims opinion was handed down this month coming right out of our own Southern California backyard. The case, Stueve Bros. Farms, LLC v. the United States, deals with whether a "physical taking of title"…more
| Agriculture, Constitutional Law, Government Contracting, Real Estate - Commercial, Zoning, Planning & Land Use

It's the End of Redevelopment as We Know It

When Governor Brown took office earlier this year, he was faced with a massive budget deficit – to the tune of $25 billion. While he considered a variety of measures to reduce California's glaring budget problem, Governor Brown…more
| Construction Law, Government Contracting, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

Property and Business Owners' Precondemnation Damages Claims Dismissed

We've covered in the past the impacts property and business owners suffer when government agencies plan for public projects. We've also covered when agency planning crosses the line and results in precondemnation damages or a…more
| Civil Rights, Constitutional Law, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

Determining the Scope of the Resolution of Necessity in Eminent Domain Actions

Before a public agency can exercise the power of eminent domain, it must adopt a resolution of necessity making certain findings in support of the taking of property. The resolution defines the scope of the agency's…more
| Constitutional Law, Real Estate - Commercial, Real Estate - Residential, Transportation, Zoning, Planning & Land Use

What is Downzoning and When is it Compensable?

"Downzoning" describes a government agency's rezoning a parcel of land once previously zoned for a more intense use to a more restrictive use (e.g., changing the commercial zoning designation of an undeveloped parcel of land to…more
| Agriculture, Constitutional Law, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

California Supreme Court Hears Arguments on the Future of Redevelopment

The Supreme Court heard oral arguments yesterday in California Redevelopment Assn. v. Matosantos, the action filed by the California Redevelopment Association, League of California Cities and others challenging the…more
| Constitutional Law, Government Contracting, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

Justice Scalia Predicts Kelo v. City of New London Will be Overturned

When we think of some of the most well-recognized and controversial decisions from our judicial system, cases like Roe v. Wade (abortion) and Dred Scott v. Sandford (slavery) come to mind. Within our group of right of way…more
| Civil Rights, Constitutional Law, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

National Eminent Domain Webinar: December 1, 2011

Want the scoop on what future challenges local government agencies face with respect to eminent domain and redevelopment? Want to hear from some of the most well-recognized eminent domain attorneys across the nation? Want to…more
| Administrative Law, Real Estate - Commercial, Real Estate - Residential, Transportation, Zoning, Planning & Land Use

Redevelopment: Supreme Court Denies Request for Clarification and Other Random Thoughts

Report on the status of the pending California Supreme Court's review of the legislative decision to eliminate Redevelopment Agencies in California…more
| Administrative Law, Environmental Law, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

Eminent Domain Opinion Demonstrates Need to Get Final Order Right the First Time

All eminent domain attorneys know the importance of getting the Final Order of Condemnation right. After all, it's the document that gets recorded, effecting the transfer of title to the agency. But sometimes mistakes occur,…more
| Civil Procedure, Government Contracting, Real Estate - Commercial, Transportation, Zoning, Planning & Land Use

Eminent Domain Guide

What is Eminent Domain and What am I Entitled to if the Government Seeks to Condemn my Property: A Survival Guide to Eminent Domain for Property and Business Owners…more
| Business Organizations, Environmental Law, Real Estate - Residential, Zoning, Planning & Land Use, Real Estate - Commercial
Areas of Practice
  • Energy & Utilities
  • Environmental Law
  • Government
  • Litigation
  • Real Estate
  • Transportation
  • Zoning, Planning & Land Use
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