A public agency’s acquisition of private property can sometimes trigger significant severance damages due to eliminating access, cutting off utility service, or taking a substantial portion of a property’s parking. As...more
Planning and constructing large public works projects can take years. When those projects will impact private property, owners are left in a difficult situation, as the cloud of condemnation hangs over their property, making...more
4/18/2023
/ California ,
Construction Project ,
Damages ,
Eminent Domain ,
Infrastructure ,
Inverse Condemnation ,
Liability ,
Precondemnation ,
Private Property ,
Public Projects ,
Public Works ,
Transportation Corridor
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
A few months ago, we reported on a Court of Appeal decision, Bottini v. City of San Diego, where the Court held that delays resulting from a governmental agency’s improper denial of a permit application for a new development...more
2/11/2019
/ Appeals ,
Building Permits ,
Building Standards ,
CA Supreme Court ,
CEQA ,
Coastal Real Estate ,
Damages ,
Delay Claims ,
Exemptions ,
Property Owners ,
Real Estate Development ,
Regulatory Takings
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
It’s not every day you’re involved in a successful eminent domain case before the California Court of Appeal. It’s even more unusual when the case deals with a number of interesting legal issues, such as the enforceability...more
Eminent domain actions are unique in that "the court, rather than the jury, typically decides questions concerning the preconditions to recovery of a particular type of compensation, even if the determination turns on...more
Eminent domain cases typically revolve around a "date of value" – the date on which property is valued in determining the amount of just compensation the condemning agency must pay. That date is set by statute; typically, it...more
Given the maze of procedural and substantive hurdles involved, property owners rarely succeed with regulatory takings claims. Even when owners do win, it is yet more uncommon for courts to award damages, instead allowing the...more
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
Below are some updates on California projects have turned to eminent domain to complete right-of-way acquisition. They involve issues that are somewhat typical in condemnation proceedings: disputes over severance damages and...more