Water Agencies Beware Before Proceeding with Forced Municipalization -
California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more
5/24/2024
/ California ,
Condemnation ,
Construction Contracts ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
Municipalities ,
New Regulations ,
PFAS ,
Public Contracts ,
Public Entities ,
State Water Boards ,
Storm Water ,
Utilities Sector ,
Water ,
Water Quality ,
Water Supplies
With all the recent storms in California, private property is bound to suffer impacts from storm water runoff, landslides, erosion and subsidence. Understanding whether the government bears responsibility for such damage is a...more
A recent article from Border Report, Tijuana residents holding out for more money, slowing construction of border crossing, caught my attention. Not only because we're advising on the border crossing project on the U.S....more
Facts: The property owner alleged a per se taking and inverse condemnation in the expansion of a road that increased surface and stormwater runoff flowing under the property and ultimately a sinkhole in the parking lot. The...more
Throughout all of the ups and downs in 2021, there have been multiple developments on the eminent domain front, including the special occasion where the U.S. Supreme Court heard a takings case. Outside of case law, 2021 saw...more
Property dedication requirements and eminent domain usually don’t mix well: they make for an odd and confusing set of valuation rules. For example, if an agency seeks to condemn property to build a road through an undeveloped...more
The Supreme Court of the United States rarely hears anything related to eminent domain or takings cases; the Kelodecision in 2005 was the latest “big” case for our industry, although the 2019 Knick decision also made...more
6/30/2021
/ Cedar Point Nursery v Hassid ,
Certificate of Public Convenience and Necessity ,
Condemnation ,
Easements ,
Eminent Domain ,
FERC ,
Fifth Amendment ,
Natural Gas ,
Natural Gas Act ,
PennEast Pipeline Co. v New Jersey ,
Pipelines ,
Right of Way ,
SCOTUS ,
Sovereign Immunity ,
Takings Clause
In the City of Fresno, the Tower Theatre is a bohemian landmark, opened in 1929 as a 20th Century Fox Movie House. This year, it became public that Adventure Church was buying the theatre, which has caused tensions to rise in...more
When a property owner suffers damage as a result of the actions of a public agency or public improvement, the owner typically pursues typical tort causes of action against the agency, along with a claim for inverse...more
When a public agency seeks to acquire property by eminent domain, the agency’s appraiser sometimes forgets to account for unique value attributes of the property. For example, the valuation may fail to take into account...more
After adopting a resolution of necessity and initiating eminent domain proceedings to acquire private property, public agencies are usually in a rush to move forward with the proposed public project. But every once in a...more
Eminent domain is typically used for roads, utilities, schools, and even airports, but in California, it is quite unusual (perhaps even unheard of) to use eminent domain for space travel. ...more
1/16/2020
/ Airports ,
Condemnation ,
Eminent Domain ,
Environmental Policies ,
Land Owners ,
Private Property ,
Property Owners ,
Real Estate Development ,
Real Estate Market ,
Urban Planning & Development ,
Vacant Properties
In an eminent domain proceeding, tenants of property subject to condemnation have constitutional rights to just compensation. However, those rights can be assigned to the landlord through a lease agreement. A recent...more
10/31/2019
/ Assignments ,
Commercial Leases ,
Commercial Tenants ,
Condemnation ,
Contract Terms ,
Damages ,
Eminent Domain ,
Just Compensation ,
Landlords ,
Property Owners ,
Property Valuation
We’ve been tracking the impacts of sea-level rise in California, and previously reported on a potential recommendation by the California Coastal Commission to utilize eminent domain for “managed retreat” — buying or...more
When entering into a lease agreement, parties rarely contemplate that the property may be subject to a future eminent domain proceeding. As a result, many times the condemnation provision in the lease is given little...more
Nossaman LLP invites you to join us for "Eminent Domain From Start to Finish: Streamlining the Basics & Navigating the Complexities from Precondemnation to Litigation" on Tuesday, March 19, 2019!
Whether you are new to the...more
With the recent widespread reports of sea-level rise triggered by global warming, the California Coastal Commission — a state agency which regulates coastal development — plans to release a proposal in early-2019 which...more
Before an eminent domain action is filed, public infrastructure projects involve years of planning, environmental approvals, design, and property negotiations. During this time, property owners and real estate agents/brokers...more
1/19/2017
/ Burden of Proof ,
Causation ,
Commercial Leases ,
Commercial Tenants ,
Condemnation ,
Damages ,
De Minimis Claims ,
Disclosure Requirements ,
Dismissals ,
Duty to Disclose ,
Eminent Domain ,
Fraudulent Concealment ,
Just Compensation ,
Landlords ,
Public Projects ,
Real Estate Agents ,
Rental Income
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
7/22/2016
/ CA Supreme Court ,
Condemnation ,
Damages ,
Eminent Domain ,
Environmental Assessments ,
Jury Trial ,
Just Compensation ,
Precondemnation ,
Private Property ,
Public Agencies ,
Right of Entry
As cities become more dense and urbanized, it is common for infrastructure to get outdated or insufficient to handle increased demand. We see this with roads, highways, schools, and even utilities. When new infrastructure...more
While much of the focus in California lately has been on eminent domain for transportation projects, there’s some new condemnations moving forward in both Northern California and Southern California for social — or community...more
Nossaman LLP invites you to join us for a complimentary afternoon seminar with Nossaman’s Eminent Domain attorneys alongside various industry experts. During this program, our expert panelists will provide the latest insight...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
Public agencies in California are once again getting busy with new projects. It seems at every event I attend all the right-of-way professionals, appraisers and eminent domain attorneys tell me they’re fully occupied. ...more
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