Sometimes a public agency ends up abandoning an eminent domain proceeding, even after the property owner or business has moved from the property. Under Code of Civil Procedure, section 1268.620, if a defendant “moves from...more
When the government requires a property owner to give up private property, the takings clause normally comes into play and the government is required to exercise its power of eminent domain. But is that always the case?...more
Changes in how businesses operate, restrictions on property use and reduced revenues brought on by mandated closures due to COVID-19 have had a major impact on the real estate market and legal proceedings related to it...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
As the world continues to grapple with the devastating impacts from COVID-19, local government agencies finding ways to help local businesses survive while still complying with the complex maze of regulatory requirements. As...more
When a public agency is acquiring private property for a public project, typically the key issue in dispute is how much the agency should pay -- what is “just compensation”? ...more
When a property owner commits to developing property in a certain manner, including providing a certain number of parking spaces, and the local government agency enforces the owner’s failure to comply, does the enforcement...more
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
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
On June 30, 2020, Governor Newsom signed Senate Bill 350 (“SB 350”), which is intended to serve as a backstop for customers as Pacific Gas and Electric Company (“PG&E”) completes its restructuring process and begins...more
Please join our interdisciplinary panel of infrastructure, environmental, real estate and eminent domain attorneys for a discussion on planning, procurement and financing strategies that can be implemented now to support...more
5/26/2020
/ Business Strategies ,
CEQA ,
Construction Industry ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Court Closures ,
Eminent Domain ,
Environmental Litigation ,
Infrastructure ,
NEPA ,
Procurement Guidelines ,
Project Delivery Methods ,
Project Finance ,
Real Estate Development ,
Transportation Industry ,
Webinars
We’ve previously reported on Senate Bill 917, which was introduced on February 3, 2020, by Senator Wiener (D-San Francisco) to establish a process for a potential government takeover of investor-owned electrical, gas and...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
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
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
3/26/2020
/ Appraisal ,
Construction Industry ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Easements ,
Eminent Domain ,
Filing Deadlines ,
Filing Requirements ,
Infrastructure ,
Inspections ,
Legal Title ,
Recording Acts ,
Relocation ,
Right of Way ,
Valuation ,
Webinars
Since the California Supreme Court’s 2019 Oroville decision, which narrowed inverse condemnation liability for public agencies, several court decisions have followed suit. ...more
While inverse condemnation liability in California originates from the California Constitution, determining when it applies -- and under what circumstances -- is based on a lengthy morass of case law that has been described...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
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
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
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
It is commonplace for a local government agency to require a property or business owner to secure a license or permit for a particular type of operation (such as a liquor license, medical marijuana license, etc.). If the...more
10/4/2019
/ Building Codes ,
Business Licenses ,
Cannabis Products ,
Due Process ,
Inverse Condemnation ,
Just Compensation ,
License Renewals ,
Licensing Rules ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Municipalities ,
Notice of Non-Renewal ,
Property Owners ,
Regulatory Oversight ,
Regulatory Takings ,
Zoning Laws
We recently reported on the California Supreme Court’s decision in Oroville which provided a relaxed standard for public agencies facing inverse condemnation claims. Since that decision, a new unpublished Court of Appeal...more
9/19/2019
/ Appeals ,
Erosion ,
Flooding ,
Inverse Condemnation ,
Municipalities ,
Property Damage ,
Property Improvements ,
Property Ownership ,
Public Entities ,
Reasonableness Factors ,
State and Local Government ,
Storm Sewers ,
Summary Judgment ,
Surface Water ,
Water Damage
Thanks to all of you who were able to attend Nossaman’s Coastal Law Conference last week. If you missed the event, I provided an update on sea-level rise, managed retreat, and potential eminent domain / regulatory takings...more
9/16/2019
/ Beachfront Properties ,
Best Practices ,
California Coastal Commission ,
Coastal Real Estate ,
Critical Infrastructure Sectors ,
Eminent Domain ,
Precondemnation ,
Private Property ,
Property Owners ,
Public Trust Doctrine ,
Real Estate Development ,
Regulatory Takings ,
Rising Sea Levels ,
Waterfront Properties
On August 15, 2019, the California Supreme Court (“Supreme Court”) issued its first inverse condemnation opinion in more than 22 years in the case City of Oroville v. Superior Court of Butte County, Case No. S243247...more
8/20/2019
/ CA Supreme Court ,
Inverse Condemnation ,
Municipalities ,
Precedential Opinion ,
Private Property ,
Property Damage ,
Property Owners ,
Public Agencies ,
Public Improvement Projects ,
Public Utility ,
Sewer Systems ,
State and Local Government ,
Strict Liability