Brad Kuhn

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

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

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

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

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

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

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

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

"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

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

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

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

Report on the status of the pending California Supreme Court's review of the legislative decision to eliminate Redevelopment Agencies in California…more

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

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