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Property Owners Evidence Eminent Domain

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

Snell & Wilmer

Condemnation Actions: How Valuable Is Your Evidence of Property Value?

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When a government condemns (takes) private property for a public use, the property owner is entitled to receive “just compensation” equal to the property’s market value. Value is typically determined by appraisals, but if the...more

Nossaman LLP

Fundamental Evidentiary Issues – Avoiding Exclusion of Your Opinion of Value and Comparable Sales

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In an unpublished opinion filed this week, the California Court of Appeal confirmed two fundamental evidentiary rules related to eminent domain matters: Before we delve into the case, here’s a basic reminder of California law...more

Faegre Drinker Biddle & Reath LLP

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

Nossaman LLP

California Court Explains the Interrelationship Between the Resolution of Necessity and Project in the Manner Proposed in an...

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One of the issues often disputed between public agencies and property owners in eminent domain actions is the assessment of severance damages, and in particular, whether damages should be based upon (i) the terms of the...more

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