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How to Account for Increases or Decreases in Property Value Due to the Proposed Project

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

Buying Property Does Not Transfer a Takings Claim

Despite undertaking due diligence, a buyer of real estate may miss pre-existing property damage or a public improvement that was installed without permission or right. Does the new buyer have a cause of action for a taking...more

City Imposed Penalty of One-Year Building Moratorium Does Not Constitute a Taking

Local government agencies sometimes enact short-term building moratoriums for certain areas to further assess changes in land use patterns or slow growth. Those moratoriums imposed across a large area usually do not...more

When Does Downzoning Result in a Regulatory Taking?

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

Summary of Major Eminent Domain Cases & Legislation: January 1, 2022 - May 31, 2022

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

California Coastal Act Trumps Local City Regulations Banning Short-Term Housing Rentals

Housing in California is a hot topic, particularly when the short-term rentals are thrown into the mix. Those opposed to short-term rentals often argue that it removes permanent housing stock from the market and that such...more

Recovery of Attorneys’ Fees Not Permissible for Lawyer/Spouse Plaintiffs Under Uniform Relocation Act

A recent Federal Circuit case, Haggart v. United States, No. 21-1660 (June 22, 2022) determined that under the Uniform Relocation Act, like other fee-shifting statutes, attorneys’ fees are not recoverable if the lawyer is one...more

Businesses Shut Down by COVID-19 Regulations May Not Bring Inverse Condemnation Claims

For the first time, a California state appellate court has decided whether businesses may bring takings claims against the government due to COVID-19 shutdown orders. In 640 Tenth, LP v. Newsom, the California Court of Appeal...more

City’s Forced Sale of Public Nuisance Property Not a Taking

When the government forces a property owner to sell private property, it is usually done through an eminent domain action (a direct taking), and the government is required to pay just compensation. But what if the forced sale...more

2021 Eminent Domain Case Law Year in Review

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

Valuing Water Rights in Eminent Domain

As water becomes scarcer in California, public agencies are looking for new sources and opportunities to provide water to their communities. When the government identifies those water sources but confronts unwilling sellers,...more

SCOTUS Says Eviction Bans Intrude on a Fundamental Element of Property Ownership

The U.S. Supreme Court ruled last week that the Centers for Disease Control and Prevention (CDC) exceeded its authority when it imposed a national eviction moratorium. More precisely, in Alabama Association of Realtors v....more

The Dedication Doctrine vs. The Project Influence Rule – Which Valuation Methodology Applies? 

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

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

SCOTUS Takings Decision a Huge Victory for Property Owners: California Regulation Requiring Access Is a Taking

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

Can a Public Agency Condemn Property to Prevent a Proposed Private Use?

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

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

Does California Legislation’s Proposed Voluntary Coastal Property Acquisition Program Address Sea Level Rise?

For those of you who missed our recent webinar, "Living on the Edge: Managing Sea Level Rise in California", you can find a recording of the event posted at this link to our website. My colleagues Ben Rubin and John Erskine...more

On-Demand Webinar | Living on the Edge: Managing Sea Level Rise in California [Video]

With the recent flurry of coastal law bills before the California State Legislature and the myriad headlines advising that we must retreat from the shore, sea level rise (SLR) and related climate change topics remain front...more

[Webinar] Living on the Edge: Managing Sea Level Rise in California - May 27th, 11:00 am - 12:00 pm PT

With the recent flurry of coastal law bills before the California State Legislature and the myriad headlines advising that we must retreat from the shore, sea level rise (SLR) and related climate change topics remain front...more

The Role of a Trial Court in Cases Featuring Concurrent Inverse Condemnation and Tort Claims

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

Another Appraisal Opinion Bites the Dust

In California eminent domain cases, appraisers typically have relatively wide latitude in determining fair market value for the property to be acquired. However, there are certain rules they must follow, and when an appraiser...more

Project Benefits - Do They Ever Apply, and If So, How Are Benefits Supported?

On April 21, 2021, I will be participating in the sixth annual International Right of Way Association (IRWA) Chapter 57 and Southern California Chapter of the Appraisal Institute's (SCCAI) Virtual Joint Meeting. I will be a...more

Sea Level Rise Legislation – What’s On The Horizon?

Sea level rise is a critical issue facing public agencies and property owners throughout the United States. In California alone, this phenomenon could impact thousands of residences and businesses, dozens of wastewater...more

“Futility Exception” Satisfies the Ripeness Requirement for Inverse Condemnation Claims

In order for a property owner to successfully pursue a regulatory takings claim for inverse condemnation, the owner is typically required to pursue multiple different development options, and face multiple permit denials,...more

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