Easements

Government Agrees to Pay $2.5 Million to Settle Contract Dispute

by Nancie G. Marzulla on 4/25/2013

On April 24, 2013, the United States agreed to settle a breach of contract lawsuit, International Industrial Park, Inc. v. United States, Case No. 09-691C, stipulating to the entry of final judgment and to payment of...more

NEW CASE ALERT: California Affirms Equitable Exceptions To The “Merger Doctrine"

by Miller Starr Regalia on 4/18/2013

The merger doctrine is not absolute and its application will depend upon the equities and the parties’ intentions, the California Court of Appeal recently held in Hamilton Court, LLC v. East Olympic, L.P., 2013 WL 1613269...more

La Mirada Resolves Last Eminent Domain Action for Valley View Underpass Project

by Brad Kuhn | Nossaman LLP on 4/4/2013

According to an article in the Whittier Daily News, La Mirada agrees to pay $1.8 million to settle eminent domain case for new railroad underpass, the City of La Mirada has agreed to pay $1.8 million to settle the last...more

Courts Are Without Power To Terminate Express Easements Based Upon Finding Them “Unnecessary”— Cottonwood Reins In Scruby

by Lewis Soffer | Miller Starr Regalia on 3/5/2013

In November 2012, the Third District Court of Appeal decided that a trial court does not have the power to extinguish an expressly granted easement merely because in that judge’s opinion the dominant tenement does not really...more

Prevailing Party Attorney Fee Award Is Granted Based On Successful Affirmative Defense Raised In Answer

by David J. McMahon | Barger & Wolen on 2/12/2013

In Windsor Pacific LLC v. Samwood Co. Inc., 2013 DJDAR 1292 (2013), the California Court of Appeal for the Second Appellate District decided a novel attorney fee issue arising out of hotly contested litigation, pertaining to...more

Fiscal Cliff Deal Preserves Enhanced Conservation Easement Tax Benefits

by George Asimos | Saul Ewing LLP on 1/23/2013

Conservation easements are an effective tool for tax and estate planning and there are significant tax benefits to implementing them in 2013....more

No Prescriptive Right To Dock In Plat

by Eric Guerin | Varnum LLP on 1/11/2013

In 1957 the Michigan Supreme Court observed that "as the Water Wonderland acquires more population it also acquires more litigation over water rights." Our population has increased, we have become more litigious, and plats...more

Under Construction - December 2012

by Wade R. Budge, Stuart J. Einbinder, Richard G. Erickson, Joshua Grabel, Jennifer R. Phillips, Nora R. Pincus, Scott C. Sandberg, James J. Sienicki, Jeffrey M. Singletary, Nicole Sornsin | Snell & Wilmer L.L.P. on 12/31/2012

In This Issue: Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for...more

Using Your Neighbor’s Airspace in Today’s Construction Projects

by Wade R. Budge, Nora R. Pincus | Snell & Wilmer L.L.P. on 12/24/2012

Since at least the times of the Ancient Greeks, cranes have been an important part of a construction project. Modern building designs and construction techniques have made cranes integral to today’s development projects....more

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

by Brad Kuhn | Nossaman LLP on 12/5/2012

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

Lessons from a Long, Long Eminent Domain Battle

by Brad Kuhn | Nossaman LLP on 9/14/2012

A few weeks ago, the California Court of Appeal issued an interesting unpublished decision detailing a long, drawn-out eminent domain battle in Riverside County. I haven't blogged about it yet because, well to be honest, it...more

FHWA Resources

by Brad Kuhn | Nossaman LLP on 8/30/2012

The FHWA recently published a series of useful short videos on its website. For those of you working on transportation projects involving federal aid, check them out below...more

Defining the Rules for Admissibility for Speculative Future Damages

by Brad Kuhn | Nossaman LLP on 8/27/2012

Earlier this year in City of Livermore v. Baca, the California Court of Appeal held that as long as an expert can identify damages arising from a taking or public project, those damages likely will not qualify as speculative,...more

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