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Summary of Major Eminent Domain Cases & Legislation: June 1, 2022-December 31, 2023

UNITED STATES UPDATES - California - Today’s IV, Inc. v. Los Angeles County Metropolitan Transportation Authority, 2022 Cal.App. LEXIS 840 (2022 WL 5107251) - Facts: A property owner who owned a hotel in Los...more

SCOTUS’ Take On Takings

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

What Happens When Railroad Right-of-Way is Abandoned and Turned into a Public Trail System?

Throughout the United States, old railroad corridors are being abandoned and converted into other uses, such as hiking, biking or other trail purposes. This converted use makes sense, as it is difficult to otherwise compile a...more

There Can Be No Taking for Impairment of Access If the Property Does Not Abut a Public Road

We routinely get calls from owners facing impacts to their property or business as a result of construction of a public project or changes in adjacent public streets. For example, the city or county may close a road, create a...more

Navigating COVID-19 for the Right of Way Industry

COVID-19 has undoubtedly upended the world, including the way we do business and the future of our economy. While our focus should continue to be on the health and safety of our families, friends, and communities, many in the...more

[Webinar] Navigating COVID-19 for the Right of Way Industry - April 1st, 1:00 pm - 2:00 pm PT

Please join our Eminent Domain & Valuation Group for a special webinar on “Navigating COVID-19 for the Right of Way Industry” on April 1, 2020. While COVID-19 has undoubtedly upended the world, many in the right of way...more

“Public Improvement” Narrowly Defined to Limit Inverse Condemnation Liability

Since the California Supreme Court’s 2019 Oroville decision, which narrowed inverse condemnation liability for public agencies, several court decisions have followed suit. ...more

Crafting Settlement Agreements in Eminent Domain

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

Court Holds Temporary Injunction on Martins Beach Access Dispute Does Not Constitute a Taking

The Martins Beach access dispute in San Mateo County continues to make headlines. As a quick refresher, billionaire venture capitalist Vinod Khosla purchased 90 acres of beachfront property south of Half Moon Bay, and...more

[Event] Right of Way & Legal Strategies for Successful Project Delivery - March 8th, San Francisco, CA

Nossaman LLP and Bender Rosenthal, Inc. invite you to this complimentary afternoon seminar that will provide insight on current right of way issues affecting public agencies and utilities. Our panels of leading industry...more

[Event] Nossaman's 2017 Southern California Eminent Domain Seminar - March 2nd, Los Angeles, CA

Nossaman LLP invites you to join us for our 2017 Southern California Eminent Domain Seminar, "Right of Way & Legal Strategies for Successful Project Delivery." This complimentary afternoon seminar will provide insight on...more

The $30 Million Access Easement

When public agencies acquire property for public projects, many times only a portion of the property is required. And, the government usually seeks various types property interests: (i) permanent easements for street...more

La Mirada Resolves Last Eminent Domain Action for Valley View Underpass Project

According to an article in the Whittier Daily News, La Mirada agrees to pay $1.8 million to settle eminent domain case for new railroad underpass, the City of La Mirada has agreed to pay $1.8 million to settle the last...more

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

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

Lessons from a Long, Long Eminent Domain Battle

A few weeks ago, the California Court of Appeal issued an interesting unpublished decision detailing a long, drawn-out eminent domain battle in Riverside County. I haven't blogged about it yet because, well to be honest, it...more

FHWA Resources

The FHWA recently published a series of useful short videos on its website. For those of you working on transportation projects involving federal aid, check them out below...more

Defining the Rules for Admissibility for Speculative Future Damages

Earlier this year in City of Livermore v. Baca, the California Court of Appeal held that as long as an expert can identify damages arising from a taking or public project, those damages likely will not qualify as speculative,...more

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