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Infrastructure › Inverse Condemnation

Nossaman LLP

Regarding landslide liability, the Court is not interested in the “Chicken or Egg” debate

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With the frequency of wildfires and flooding, landslides are becoming more frequent throughout California.  When public agencies have water pipelines located in hillsides, the situation presents the classic “chicken or egg”...more

Nossaman LLP

Public Agency’s Resolution of Necessity Not Entitled to Conclusive Presumption When Using Eminent Domain for Takeover of Public...

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In California, when a government entity adopts a resolution of necessity to acquire property by eminent domain, that resolution typically “conclusively” establishes the requisite findings of public use and necessity. However,...more

Nossaman LLP

City’s Planning to Acquire Property Does not Trigger Precondemnation Damages or Inverse Condemnation Liability

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Planning and constructing large public works projects can take years. When those projects will impact private property, owners are left in a difficult situation, as the cloud of condemnation hangs over their property, making...more

Nossaman LLP

Federal Bankruptcy Court Denies PG&E’s Attempt to Set Aside Inverse Condemnation Liability

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On November 27, 2019, U.S. Bankruptcy Judge Dennis Montali issued a Memorandum Decision on Inverse Condemnation (“Memorandum Decision”) in PG&E Corporation and Pacific Gas & Electric’s (together, “PG&E”) Chapter 11 Bankruptcy...more

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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

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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

Best Best & Krieger LLP

Property Acquisition: Five Signs of Trouble Ahead

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As much as public agencies want infrastructure projects to go smoothly, they rarely do. Even when a project is seemingly rolling along through right of way acquisition, there are still hurdles that inevitably impact budgets...more

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