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Summary of Major Eminent Domain Cases & Legislation: January 1, 2023-June 30, 2023

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UNITED STATES UPDATES - Arkansas- City of Sherwood v. Bearden, 2023 Ark. App. 67 (2023 Ark. App. LEXIS 68)- Facts: Property owners filed an inverse condemnation action alleging the City had placed rainwater...more

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California Supreme Court Hears First Inverse Condemnation Case in Years

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On June 5, 2019, the California Supreme Court (“Court”) heard oral argument in the case City of Oroville v. Superior Court of Butte County, Case No. S243247 (“Oroville Case”). This case is notable because it is the first time...more

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Crafting Settlement Agreements in Eminent Domain

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Like the vast majority of general civil litigation, eminent domain matters usually settle before going to trial. The resolution is typically documented in either a stipulated judgment or a settlement agreement. ...more

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Utilities Have the Right to Remove Trees Within an Easement

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Many public agencies and utilities have easements for water or gas pipelines or electric transmission lines. Those easements typically contain express rights to construct, operate, and maintain the facilities, including...more

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When Can The Government Physically Occupy Property Without Facing Inverse Condemnation Liability?

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When the government physically takes or occupies property without first going through the rigorous procedural requirements under California eminent domain law, usually it’s a clear-cut case of inverse condemnation liability. ...more

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Court Of Appeal Provides Timely Reminder Regarding A Contractor’s Use Of Property For Staging And Proper Calculation Of Damages...

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In a recent unpublished Court of Appeal decision, Downs v. City of Redding (October 30, 2018), the Court took up two distinct issues: (a) whether a contractor’s use of property for construction staging constitutes a taking...more

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Important New Decision Impacting Legal Issues Motions in California Inverse Condemnation Cases

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As any experienced California eminent domain lawyer knows, there is a unique statutory mechanism that allows parties to bring a legal issues motion to secure a court’s ruling on a litany of issues that impact compensation....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

Miller Starr Regalia

Don’t Miss This Deadline To File A Regulatory Takings Claim

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The Court of Appeal has recently reminded land use practitioners of an important deadline when pursuing a takings claim: A takings challenge based on a land use determination must be filed within 90 days of that determination...more

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