Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
Real Estate Developer Rights When Cities Demand Too Much
Newsflash: Rockweed Not a Fish
Yours, Mine and Ours (not yet!): An Update on the Patentability of Human Genes -
Does an employer have to let a union official in? Only if they have a permit! Right of entry disputes are common – partly because of the multiple laws that at a glance seem to overlap in a way that can be confusing. The...more
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
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
Last month, the California Supreme Court’s decision in Property Reserve v. Superior Court provided long-awaited certainty for public agencies after a court of appeal determined the often-used “right of entry” statutes failed...more
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
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