Just Compensation

News & Analysis as of

Right of Entry Statutes Are Back in Business – For Now

For decades, California public agencies have utilized a statutory "right of entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with acquiring the...more

Caltrans’ Highway 101 Overpass Condemnation Case Ends in Split Decision

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

Waivers of Rights to Compensation are Enforceable in Eminent Domain Actions

It’s not every day you’re involved in a successful eminent domain case before the California Court of Appeal. It’s even more unusual when the case deals with a number of interesting legal issues, such as the enforceability...more

Eminent Domain and Condemnation – What’s It All About?

Texan ranch owner Hugh Steerman (fondly known as “Gramps”) just received notice that his family’s fourth-generation, 2,000-acre, Rambling Steer Ranch is a possible pathway for the West Texas Rail from Fort Worth to El Paso....more

Compensation to Human Clinical Study Participants: A (Very) Informal Survey

At least once a month, life science clients reach out to us to ask us about best practices on a particular topic or to benchmark a proposed activity against what others in the industry might be doing. One such request,...more

Colorado Supreme Court Oral Argument Held in Case Deciding Whether Courts and Commissions May Overrule Each Other in Eminent...

In June, the Colorado Supreme Court held oral argument in a case that is set to shape the way condemnation actions will be tried to commissions in the future. In Colorado, a landowner has the right to choose whether a jury or...more

What Happens When the United States Condemns a Street, Road or Public Highway?

Generally when the United States takes property pursuant to its eminent domain authority, “just compensation” is based on the market value of the property on the date of the taking. However, when acquiring a street, road or...more

Taking and Valuing Raisins

The United States Supreme Court ruled that the United States government cannot take a citizen’s raisins without paying for them. Horne v. Department of Agriculture, __ US__ (June 22, 2015). Standing alone, the ruling is...more

UK Supreme Court to re-consider compensation rights under Data Protection Act

This week, Google has been granted permission to appeal to the UK Supreme Court as part of the decision in Google Inc. v. Vidal-Hall & Others (2015). This is about rights to claim compensation for breaches of the Data...more

Inverse Condemnation

Inverse condemnation is a far more complex subject than it may seem at the outset. While condemnation proceedings are initiated by the government to acquire property and pay the owner just compensation, the general rule...more

Throw the DOL "Intern Fact Sheet" Away: Second Circuit Rejects DOL's Unpaid Intern Six-Factor and Adopts New "Primary Beneficiary"...

The Department of Labor's ("DOL") six-factor test has long been the incontrovertible standard for determining whether employers are required to pay an intern under the Fair Labor Standards Act. That may no longer be the case...more

Expanding Your View of Takings Law

As an eminent domain attorney, when I think about a “takings” claim, I always think about a claim involving someone’s real property. Has the government trespassed onto private property, has it imposed regulations that deny...more

Supreme Court Puts Its “Takings Law” Foot Down

In Horne I, the Supreme Court held that a property owner, facing a governmental enforcement action, can assert as a defense that the action effects a “taking” of one’s property (here, a raisin crop) “without just...more

Supreme Court Update: Horne V. Dep't Of Agriculture (14-275), Kimble V. Marvel Entertainment (13-720), Patel V. City Of Los...

Raisins, radioactive wrists, Red Roof registries, and reformatory roughhousing were all on the Court's radar Monday (it's a very broad radar horizon), as it issued decisions in Horne v. Dep't of Agriculture (14-275), holding...more

The California Raisins Strike Back

Horne v. Department of Agriculture, No. 14-275 (U.S. June 22, 2015) - Why It Matters: In a pro-property rights opinion, the U.S. Supreme Court applies Fifth Amendment “takings” analysis to a federal program that...more

Supreme Court Decides Horne v. Department of Agriculture

On June 22, 2015, the Supreme Court decided Horne v. Department of Agriculture, No. 14-275, holding that the Fifth Amendment’s Takings Clause applies to personal property as well as real property, and a requirement that...more

Horne v. USDA: US Supreme Court Sides with Raisin Farmer

The United States Supreme Court ruled that a USDA marketing order constituted a taking of a raisin farmer's private property for which just compensation is due. This article offers a detailed analysis of the Court's opinion....more

Arizona Civil Verdicts 2014

Courage. Trial lawyers have lots of important traits and skills, and courage is at the top of the list. To be able to speak confidently to the jury who holds your client’s case in its hands, to tell that story in a way that...more

A Public Agency’s Contingent Final Offer Of Compensation Is Not Reasonable

In California eminent domain cases, a property or business owner is entitled to recover litigation expenses (attorneys’ fees and expert costs) when the public agency’s final offer of compensation is unreasonable and the...more

When It Comes to Property Acquisitions and Private Development, Timing May Be Everything

As the old adage goes, the three most important things to consider with real estate are location, location, and location. But any developer who has lived through a real estate cycle, and any public agency that is under a...more

What is “Just Compensation” for Gas Station Acquisitions?

Gas stations and car washes are primarily owner-occupied convenience businesses, typically located near freeway off-ramps and at the intersections of well-traveled roadways. As a result, they’re frequently involved in...more

Can Comments By a Federal Employee Result in a Taking Requiring Compensation Under the Fifth Amendment?

It depends. A recent decision out of the Federal Circuit tackled this very issue, and the court’s decision strongly suggests that a taking could arise under the right circumstances. (Filler v. U.S. (Fed. Cir. Mar. 10, 2015)...more

B.C. Surface Rights Board Reduces Rent Payable After Landowners Fail to Prove Loss

In the recent decision of the B.C. Surface Rights Board in Encana Corporation v Perry Burl Piper and Leslie Lancelot Dowd, the Board awarded compensation to landowners less than the amount previously offered by the operator. ...more

California Employment Law Notes - July 2014

"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit - Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production...more

World IP Day “Movie – A Global Passion” / Fair compensation for authors of movies

Next 26 April – as every year – the World Intellectual Property Organization (WIPO) celebrates the World IP Day. 26 April is the day on which the WIPO Convention came into force in 1970 and it has become an opportunity for...more

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