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Eminent Domain Public Agencies

Downey Brand LLP

Privately Owned Public Utility Not Required to Comply With CEQA in Eminent Domain Action

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In Robinson v. Superior Court (2023) 88 Cal.App.5th 1144, the Fifth District Court of Appeal held that Southern California Edison (SCE), as an investor-owned public utility, was not required to comply with CEQA in an eminent...more

Nossaman LLP

Top 10 Considerations When Retaining an Appraiser for Eminent Domain

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When a public agency is acquiring private property for a public project, typically the key issue in dispute is how much the agency should pay -- what is “just compensation”? ...more

Nossaman LLP

Court Reminds Public Agency it Must Put Condemned Property to Public Use Within 10 Years

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After adopting a resolution of necessity and initiating eminent domain proceedings to acquire private property, public agencies are usually in a rush to move forward with the proposed public project. But every once in a...more

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

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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

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[Event] Project Delivery and Encroachment: Clearing the Way - April 18th, - Sacramento, CA

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Bender Rosenthal, Inc. and Nossaman LLP invite you to this complimentary afternoon seminar that will provide insight on current right of way issues affecting agencies and utilities as well as a recap of the most important...more

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When Condemnation Actions Go Wrong

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In the vast majority of cases, when a public agency exercises eminent domain, the only issue in dispute is the amount of just compensation the agency must pay for the property being acquired. Even in situations where a...more

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Public Comment Requested on Revisions to Precondemnation Right of Entry Statutes

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When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more

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Government’s Termination of Lease Pursuant to its Terms is Not a “Taking”

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Public agencies own significant amounts of property throughout California and the United States. Sometimes, those properties are not being put to a public use, and the government acts as a landlord, leasing out property to...more

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Property Reserve Aftermath: Discovery Available in Right of Entry Cases & Young’s Market Co.

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When the California Supreme Court issued its ruling on Property Reserve v. Superior Court, handing a substantial victory to public agencies, we were given three key takeaways: (1) the “Right of Entry” statutes (CCP §1245.010...more

Nossaman LLP

California to Consider Significant Change to Eminent Domain Law Regarding a Condemnee's Right to Recover Litigation Expenses

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On February 9, 2017, California Assembly Member Phillip Chen (a Republican from the 55th district) introduced Assembly Bill 408 (AB 408). AB 408 is styled as an “act to amend Section 1250.410 of the Code of Civil Procedure...more

Nossaman LLP

[Event] Right of Way & Legal Strategies for Successful Project Delivery - March 8th, San Francisco, CA

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Nossaman LLP and Bender Rosenthal, Inc. invite you to this complimentary afternoon seminar that will provide insight on current right of way issues affecting public agencies and utilities. Our panels of leading industry...more

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[Event] Nossaman's 2017 Southern California Eminent Domain Seminar - March 2nd, Los Angeles, CA

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Nossaman LLP invites you to join us for our 2017 Southern California Eminent Domain Seminar, "Right of Way & Legal Strategies for Successful Project Delivery." This complimentary afternoon seminar will provide insight on...more

Snell & Wilmer

California Supreme Court Upholds Precondemnation Procedures

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On July 21, 2016, the California Supreme Court in Property Reserve v. Superior Court upheld the state’s precondemnation entry and testing statutes provided they were reformed to allow impacted property owners the ability to...more

Nossaman LLP

California Supreme Court Upholds Right of Entry Statutes, but "Reforms" them to Comply with Constitution

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When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more

Nossaman LLP

California’s Precondemnation Right of Entry Statutes Upheld — With a Slight Judicial Tweak

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For the last two-plus years, we have been waiting for guidance from the California Supreme Court on whether public agencies could utilize the statutory “right of entry” procedure to gain access to private property to conduct...more

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The $30 Million Access Easement

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When public agencies acquire property for public projects, many times only a portion of the property is required. And, the government usually seeks various types property interests: (i) permanent easements for street...more

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