News & Analysis as of

Eminent Domain Urban Planning & Development

Nossaman LLP

Condemning Replacement or Substitute Property to Mitigate Damages

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A public agency’s acquisition of private property can sometimes trigger significant severance damages due to eliminating access, cutting off utility service, or taking a substantial portion of a property’s parking.  As...more

Nossaman LLP

Presentation at Right of Way Consultant’s Council Membership Meeting in Las Vegas

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The Right of Way Consultant’s Council Membership Meeting took place in Downtown Las Vegas on November 3, 2023.  Having previously presented an eminent domain topic at the 2022 Membership Meeting, Steven Silva from Nossaman’s...more

Nossaman LLP

Resurgence of Redevelopment Agencies?

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Redevelopment agencies (RDAs) have held a rather infamous position in California history.  While originally created to address urban decay (aka “blight”), generally speaking, RDAs developed into entities that wielded the...more

Allen Matkins

Sustainable Development and Land Use Update - June 2022

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Warehouse “buffer bill” advances in California legislature Bullet The Real Deal – June 2 A bill that proposes a 1,000-foot buffer zone between large warehouse developments and residential areas has advanced through one...more

Sands Anderson PC

Handling Construction Changes During the Eminent Domain Process

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Any project involving the exercise of eminent domain includes the strong likelihood that there will be a series of changes during the planning and construction phases. Yet, while construction needs may warrant a change in the...more

Allen Matkins

Sustainable Development and Land Use Update - August 2021 #4

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California advances two zoning bills seeking to promote scarce housing - U.S. News & World Report – August 26 - Spurred by an affordable housing shortage, spiking home prices, and intractable homelessness, California...more

Allen Matkins

Sustainable Development and Land Use Update - June 2021 #2

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Bruce's Beach bill, SB 796, passes California Senate and heads to Assembly - Spectrum News – June 2 - California Senate Bill 796 — which clears the way for the beachfront land known as Bruce’s Beach to be returned to...more

Pierce Atwood LLP

Somerville Urban Renewal Taking Survives Challenge

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In Cobble Hill Center LLC v. Somerville Redevelopment Authority (pdf), the Massachusetts Supreme Judicial Court (SJC) upheld the eminent domain taking by the Somerville Redevelopment Authority (SRA) of 3.99 acres of land...more

Allen Matkins

Sustainable Development and Land Use Update - January 2021 #4

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California lawmakers vote to extend COVID-19 eviction protections through June - Los Angeles Times – January 28 - Californians facing financial hardship because of the COVID-19 pandemic will be protected from eviction...more

Nossaman LLP

Who Has The Right To Develop A Pier?

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If you know someone with property that borders, is adjacent to, or abuts a natural lake, pond, bay, sea, or ocean, they may have littoral property rights. What that means is they may have the right to build a pier out to the...more

Nossaman LLP

Government’s Enforcement of Development Plan Conditions is Not a Taking

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When a property owner commits to developing property in a certain manner, including providing a certain number of parking spaces, and the local government agency enforces the owner’s failure to comply, does the enforcement...more

Nossaman LLP

Efforts at Reviving Redevelopment Continue

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There is an ongoing global pandemic and the world is rightly focused on news related to COVID-19.  Given the circumstances, other news is slipping below the radar.  Something you may have missed is another effort to revive...more

Allen Matkins

Sustainable Development and Land Use Update - February 2020

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‘All-electric’ movement picks up speed, catching some off guard - When Berkeley became the first city in the country to ban natural gas hookups in new construction last July, no one knew the effects would ripple out so...more

Nossaman LLP

Mojave Air & Space Port to Use Eminent Domain if Negotiations Fail to Lift Off

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Eminent domain is typically used for roads, utilities, schools, and even airports, but in California, it is quite unusual (perhaps even unheard of) to use eminent domain for space travel. ...more

Hogan Lovells

Reacting to a CPO – what do you need to do?

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In the second of our series on compulsory purchase, we turn to what you should do if your property is at risk of compulsory acquisition....more

Pierce Atwood LLP

Mass. Appeals Court Upholds Somerville’s Union Square Revitalization Plan

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In 2012, the City of Somerville, the Somerville Redevelopment Authority (SRA), and the Massachusetts Department of Housing and Community Development approved the Union Square Revitalization Plan (the Plan), an urban renewal...more

Farrell Fritz, P.C.

Town’s Decision To Acquire An Easement To Install A Sewer Line Along The Ludovico Sculpture Trail Is Annulled

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The Ludovico Sculpture Trail (Trail) is located near the Women’s Rights National Historic Park in Seneca Falls, NY. it’s website can be found at cnyhiking.com/LudovicoTrail.htm.  The Trail recently became a centerpiece of a...more

Nossaman LLP

[Event] 2019 California Coastal Law Conference - September 10th, Huntington Beach, CA

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Nossaman LLP invites you to join us for the 4th California Coastal Law Conference at SeaCliff Country Club in Huntington Beach on September 10th!  This in-depth seminar will feature officials from the California Coastal...more

Nossaman LLP

Faced With Funding Deadlines, Santa Cruz Approves Use Of Eminent Domain

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As we have seen far too many times in California, eminent domain becomes a key tool for public agencies in order to keep public works construction on schedule and avoid jeopardizing state or federal funding. ...more

Nossaman LLP

Redevelopment 2.0 On The Books For 2019?

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Ever since the demise of redevelopment agencies in 2012, there have been a variety of legislative efforts to revive, incrementally or in whole, some form of redevelopment in California....more

Farrell Fritz, P.C.

Faulty SEQRA Sinks Village’s Use of Eminent Domain

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Earlier this year, the Third Department handed down a surprising upset in the eminent domain arena. See, Matter of Adirondachk Historical Association v Village of Lake Placid, 161 A.D.3d 1256 [3d Dept 2018]....more

Brownstein Hyatt Farber Schreck

10th Circuit Holds Colorado’s Urban Renewal Statute Violates Due Process in M.A.K. Investment Group v. City of Glendale

On May 14, 2018, the U.S. Court of Appeals for the 10th Circuit issued a surprising ruling establishing that a municipality must provide individual notice to property owners whose property is located within an area determined...more

Nossaman LLP

When Proposed Public and Private Projects Collide

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Infrastructure projects take years to develop: the environmental review, funding, design, procurement, and construction of a public project is time consuming in any state, but even more so in California given the strict...more

Nossaman LLP

Caltrans’ Ceres Interchange Project May Result in Eminent Domain

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With the passing of California’s new gas tax (SB1) earlier this year, local government agencies have come across a new source of funding to complete public infrastructure projects. According to an article in the Ceres...more

Nossaman LLP

Caltrans Seeks Input on SB1 Planning Grants Guides

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We’ve previously reported on the recent passage of Senate Bill 1 (SB 1), The Road Repair and Accountability Act of 2017, which will raise approximately $52 billion in funding over the next 10 years specifically for...more

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