We’ve reported in the past that public agencies are more frequently demanding certain off-site public improvements to accommodate proposed private developments as a condition of entitlement approval. These can range from...more
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
As we have previously discussed, downzoning (changing the zoning designation for property from a more intensive use to a more restrictive use) can possibly rise to the level of a regulatory taking, depending on each...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
On June 23rd, the United States Supreme Court held that a California regulation allowing labor organizations to intermittently access agricultural employers’ property was an unconstitutional taking. The Court reversed the...more
6/28/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Just Compensation ,
SCOTUS ,
Takings Clause ,
Unions ,
United Farm Workers
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
With the recent government mandates surrounding COVID-19, many businesses are completely shut down and are legally unable to open their doors to the public. ...more
Brad Kuhn was quoted extensively in the Daily Journal article “Century-Old Doctrine Haunts Fire Litigation.” The article provides an overview of how developments in inverse condemnation that occurred in 2019 pose numerous...more
1/21/2020
/ Commercial Bankruptcy ,
CPUC ,
Equipment Failure ,
Fifth Amendment ,
Inverse Condemnation ,
Just Compensation ,
Liability ,
PG&E ,
Private Property ,
Property Damage ,
Property Owners ,
Public Utility ,
State Law Remedies ,
Utility Rates ,
Wildfires
Last year, the United States Supreme Court made headlines (at least in our eminent domain world) by issuing a ruling in Knick v. Township of Scott that property owners can bypass the state courts and directly file a Fifth...more
1/16/2020
/ Eminent Domain ,
Federal v State Law Application ,
Fifth Amendment ,
Inverse Condemnation ,
Just Compensation ,
Knick v Township of Scott Pennsylvania ,
Motion To Remove ,
Precedential Opinion ,
Property Owners ,
Regulatory Takings ,
SCOTUS
Many states have enacted eminent domain reform since the U.S. Supreme Court’s 2005 decision in Kelo v. City of New London, which broadly defined “public use” to include the government’s acquiring property for another private...more
When state and local governments impose unreasonable conditions or exactions on private property, owners pursuing a regulatory takings claim often face a maze of procedural obstacles just to have their case heard. ...more
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
It appears the raisin handlers' luck in the recent U.S. Supreme Court decision Horne v. US Department of Agriculture has spawned a new federal takings challenge by another group of fruit growers. This time it's a group of...more
In our niche practice of eminent domain, inverse condemnation, and regulatory takings, the blogosphere world is going bonkers. Why? Because the United State Supreme Court just issued its decision in Koontz v. St. Johns...more
6/26/2013
/ Dolan v City of Tigard ,
Fifth Amendment ,
Koontz v St John's River Water Management ,
Land Developers ,
Nexus ,
Nollan v California Coastal Commission ,
Permits ,
Rough Proportionality Test ,
SCOTUS ,
Takings Clause ,
Wetlands
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
Over the past several months, we've been following some of the recent takings cases that have made their way up to the United States Supreme Court. So where do things currently stand?...more
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
California continues to move forward with more infrastructure improvement projects. According to an article in the Daily Republic, Agency starts eminent domain proceedings for I-80/680 project, the Solano Transportation...more
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
1/15/2013
/ Arkansas Game & Fish v U.S. ,
Attorney's Fees ,
Condemnation ,
DOT v Dry Canyon ,
Eminent Domain ,
Evidence ,
Fifth Amendment ,
Flooding ,
Jury Questions ,
Just Compensation ,
Loss of Goodwill ,
Mortgages ,
SCOTUS ,
Takings Clause ,
Underwater Homeowners ,
Valuation Experts
Originally Published in Daily Journal, January 4, 2013
It has been quite a busy year for takings cases, and the state Court of Appeal provided one last published eminent domain opinion just before 2012 came to a close....more
It has been quite a busy year for takings cases. While our readers can soon expect our annual "Year in Review E-Alert," the California Court of Appeal decided to grace us with one more published eminent domain opinion just...more
Originally Published in The Real Estate Finance Journal, December 17, 2012.
In eminent domain proceedings, property owners are granted the right to have a jury determine just compensation. But the presentation of...more
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
California is one of only a few states in which a business may recover for loss of goodwill when property is taken by eminent domain, but even here there are limitations on a business' right to recover for such damages. ...more
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