Taking, Condemnation | JD Supra Law News

Regulatory Takings: Monks v. Rancho Palos Verdes Revisited (Again)

by Brad Kuhn | Nossaman LLP on 4/2/2013

For those of you who have followed Nossaman's blog since the very early days, you'll recall our coverage of a significant regulatory takings case, Monks v. City of Rancho Palos Verdes. The 2008 California decision received...more

Just Compensation Clause of the Fifth Amendment is Alive and Well in Guam

by Nancie G. Marzulla on 3/21/2013

The Territory of Guam has only a non-voting Delegate in the U.S. House of Representatives and no Electoral College votes for the U.S. President, but the Just Compensation clause in the Fifth Amendment of the U.S. Constitution...more

Follow Up on IRWA/Appraisal Institute "2012 Eminent Domain Year in Review" Presentation

by Rick Rayl | Nossaman LLP on 3/20/2013

For those of you who attended the joint meeting today between Chapter 1 of the International Right of Way Association and the Appraisal Institute, we promised to post a cheat sheet that reminds you about the cases associated...more

Recent Developments In Utah Condemnation Law (2012)

by Thomas Checketts | Kirton McConkie PC on 2/28/2013

In This Issue: - Utah Department of Transportation v. FPA West Point, et al., 2012 UT 79 (Utah Nov. 20, 2012) - Utah Department of Transportation v. Admiral Beverage Corporation, et al., 275 P.3d 208 (Utah...more

Interesting Valuation Dispute in Caltrans Eminent Domain Battle

by Brad Kuhn | Nossaman LLP on 2/7/2013

The California Department of Transportation (Caltrans) and the owner of Silveira Ranch are involved in an interesting valuation dispute stemming from Caltrans' acquisition of part of the ranchland needed for Highway 101...more

Big Year For Published Eminent Domain Decisions

by Brad Kuhn, Rick Rayl | Nossaman LLP on 1/15/2013

Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more

When is a Resolution of Necessity Tainted By Prior Agency Obligations?

by Brad Kuhn | Nossaman LLP on 12/5/2012

One of the prerequisites to instituting an eminent domain action is the governing agency's adoption of a resolution of necessity to acquire the necessary property. At the time of adopting the resolution, the agency cannot be...more

Condemnation Changed (Permanently?) In Virginia

by Timothy R. Hughes | Bean, Kinney & Korman, PC on 11/30/2012

On November 6, Virginia voted by a nearly 3-1 margin to amend the state constitution and drastically change eminent domain law. The constitutional amendment may ultimately be the source of quite a few unintended consequences...more

I Saw the Sign, and It . . . Was Taken Down?

by Brad Kuhn | Nossaman LLP on 11/7/2012

Those don't quite sound like the lyrics to the early-90's popular Ace of Base hit, "The Sign." But they likely describe the situation of many travelers on the I-10 freeway in Los Angeles thanks to a recent California Court...more

When Adopting a Resolution of Necessity, Can Failing to Consider a Substitute Condemnation Constitute a Gross Abuse of Discretion?

by Brad Kuhn | Nossaman LLP on 9/21/2012

While most lawsuits typically start with the filing of a complaint, eminent domain cases really start one key step earlier, with the condemning agency’s adoption of a Resolution of Necessity. The Resolution establishes (i)...more

A Judicial Reminder Not to Count Your Roosters Before They've Hatched

by Ben Rubin | Nossaman LLP on 9/11/2012

Inverse condemnation claims can be tricky, particularly in the regulatory context. You don't want to file your claim too soon, as that will likely result in your claim being booted out of court on ripeness grounds. But you...more

Court of Appeal Confirms that Private Utilities Can be Liable for Inverse Condemnation, and Held to the Same Standard as Public...

by Ben Rubin | Nossaman LLP on 9/5/2012

On August 30, 2012, the Second Appellate District of the California Court of Appeal held that a privately owned utility could be subject to strict liability for inverse condemnation, thereby concurring with a similar holding...more

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