News & Analysis as of

Caltrans Takings Clause

Nossaman LLP

When Can The Government Physically Occupy Property Without Facing Inverse Condemnation Liability?

Nossaman LLP on

When the government physically takes or occupies property without first going through the rigorous procedural requirements under California eminent domain law, usually it’s a clear-cut case of inverse condemnation liability. ...more

Nossaman LLP

Important New Decision Impacting Legal Issues Motions in California Inverse Condemnation Cases

Nossaman LLP on

As any experienced California eminent domain lawyer knows, there is a unique statutory mechanism that allows parties to bring a legal issues motion to secure a court’s ruling on a litany of issues that impact compensation....more

Miller Starr Regalia

Has The Link Between Business Goodwill And Profits Been Severed?

Miller Starr Regalia on

When property is taken by eminent domain, the owner of a business operated on the property is entitled to compensation for any “business goodwill” lost due to the taking. Usually, “goodwill” translates into a business’s...more

Nossaman LLP

Caltrans’ Highway 101 Overpass Condemnation Case Ends in Split Decision

Nossaman LLP on

For several years, we’ve been following an eminent domain lawsuit in Marin County involving Caltrans’ acquisition of 34 acres for a $29.7 million interchange project at the Redwood Sanitary Landfill, which would widen the...more

Perkins Coie

Supplement — Curtin’s California Land Use

Perkins Coie on

This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

Nossaman LLP

Interesting Valuation Dispute in Caltrans Eminent Domain Battle

Nossaman LLP on

The California Department of Transportation (Caltrans) and the owner of Silveira Ranch are involved in an interesting valuation dispute stemming from Caltrans' acquisition of part of the ranchland needed for Highway 101...more

Nossaman LLP

You Can Receive Compensation for Goodwill IF...

Nossaman LLP on

The Court has once again reminded us that it takes its role as gate keeper seriously. This week, in an unpublished case, the Court of Appeal issued a decision that serves as a not-so-gentle reminder that business owners are...more

Nossaman LLP

Court Decision on Loss of Goodwill Results in Sour Grapes for Business Owners

Nossaman LLP on

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. ...more

Nossaman LLP

I Saw the Sign, and It . . . Was Taken Down?

Nossaman LLP on

Those don't quite sound like the lyrics to the early-90's popular Ace of Base hit, "The Sign." But they likely describe the situation of many travelers on the I-10 freeway in Los Angeles thanks to a recent California Court...more

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide