Nossaman LLP invites you to join us for the 4th California Coastal Law Conference at SeaCliff Country Club in Huntington Beach on September 10th! This in-depth seminar will feature officials from the California Coastal...more
7/30/2019
/ Affordable Housing ,
Building Permits ,
California Coastal Commission ,
Coastal Real Estate ,
Continuing Legal Education ,
Eminent Domain ,
Environmental Policies ,
Events ,
Housing Market ,
Infrastructure Financing ,
Public Access Laws ,
Real Estate Development ,
Urban Planning & Development
We’ve been tracking the impacts of sea-level rise in California, and previously reported on a potential recommendation by the California Coastal Commission to utilize eminent domain for “managed retreat” — buying or...more
Inverse condemnation litigation and liability has become a particularly hot topic in California over the last several years. Not many attorneys specialize in this area, and there are a number of traps for the unwary lawyers,...more
7/15/2019
/ Appeals ,
Attorney's Fees ,
Cost Recovery ,
Expert Fees ,
Insurance Claims ,
Inverse Condemnation ,
Negligence ,
Offsets ,
Property Damage ,
Property Owners ,
Public Agencies ,
Public Property ,
Reimbursements ,
Subrogation
On July 12, 2019, Governor Newsom signed Assembly Bill (“AB”) 1054, which introduces major changes to the way California addresses wildfires in an emergency effort to financially stabilize the State’s electric utilities...more
7/15/2019
/ Certifications ,
CPUC ,
Emergency Management Plans ,
Emergency Response ,
Funding ,
Natural Disasters ,
New Legislation ,
PG&E ,
Risk Mitigation ,
Safety Standards ,
State and Local Government ,
Wildfires
When entering into a lease agreement, parties rarely contemplate that the property may be subject to a future eminent domain proceeding. As a result, many times the condemnation provision in the lease is given little...more
The Commission on Catastrophic Wildfire Cost and Recovery (“Commission”) has released a draft report assessing the issues surrounding catastrophic wildfires in California and recommending major changes to the law (“Draft...more
6/3/2019
/ Cost Recovery ,
CPUC ,
Fire Insurance ,
Inverse Condemnation ,
Negligence ,
Property Owners ,
Risk Mitigation ,
State and Local Government ,
Strict Liability ,
Victim Compensation Fund ,
Wildfires
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
5/23/2019
/ Appeals ,
Caltrans ,
Construction Project ,
Easements ,
Eminent Domain ,
Highways ,
Inverse Condemnation ,
Just Compensation ,
Property Owners ,
Property Valuation ,
Public Projects ,
Real Estate Market ,
State and Local Government ,
Transportation Industry
Many public agencies and utilities have easements for water or gas pipelines or electric transmission lines. Those easements typically contain express rights to construct, operate, and maintain the facilities, including...more
4/29/2019
/ Appeals ,
Governmental Liability ,
Inverse Condemnation ,
Just Compensation ,
Private Property ,
Public Agencies ,
Public Improvement Projects ,
Real Estate Market ,
Right of Way ,
Right to Repair ,
Trees
In Governor Gavin Newsom’s first State of the State address, he called for the creation of a strike force charged with developing a comprehensive strategy to address the destabilizing effect of catastrophic wildfires on the...more
4/19/2019
/ Comment Period ,
Cost Recovery ,
CPUC ,
Inverse Condemnation ,
Liquidity ,
Property Owners ,
Public Utility ,
Regulatory Takings ,
State and Local Government ,
State Funding ,
Wildfires
With recent changes in state and federal leadership, as well as continuing developments from the Trump Administration, this seminar is a must-attend event for anyone involved in land use, zoning, environmental permitting,...more
4/18/2019
/ CEQA ,
Continuing Legal Education ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Environmental Site Assessment ,
Events ,
Land Use Restrictions ,
Public Projects ,
Real Estate Development ,
Rising Sea Levels ,
Sea Levels ,
Waters of the United States ,
Zoning Laws
In Governor Gavin Newsom’s first State of the State address, he called for the creation of a strike force charged with developing a comprehensive strategy to address the destabilizing effect of catastrophic wildfires on the...more
As we have seen far too many times in California, eminent domain becomes a key tool for public agencies in order to keep public works construction on schedule and avoid jeopardizing state or federal funding. ...more
More than 50 years ago, Caltrans purchased roughly 500 homes under threat of eminent domain within the planned right-of-way for the anticipated construction of the I-710 freeway (linking Monterey Park to Pasadena). ...more
Nossaman LLP invites you to join us for "Eminent Domain From Start to Finish: Streamlining the Basics & Navigating the Complexities from Precondemnation to Litigation" on Tuesday, March 19, 2019!
Whether you are new to the...more
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
With the recent widespread reports of sea-level rise triggered by global warming, the California Coastal Commission — a state agency which regulates coastal development — plans to release a proposal in early-2019 which...more
When the government physically takes or occupies property without first going through the rigorous procedural requirements under California eminent domain law, usually it’s a clear-cut case of inverse condemnation liability. ...more
Ever since the demise of redevelopment agencies in 2012, there have been a variety of legislative efforts to revive, incrementally or in whole, some form of redevelopment in California....more
12/10/2018
/ Affordable Housing ,
Economic Development ,
Eminent Domain ,
Infrastructure ,
Legislative Agendas ,
Neighborhood Revitalization ,
Proposed Legislation ,
Real Estate Development ,
Redevelopment ,
State and Local Government ,
State Funding ,
Urban Planning & Development
On August 31, 2018, the California Legislature passed Senate Bill (“SB”) 901, which addresses a number of wildfire-related items relating to public utilities. Governor Brown signed the Bill into law on September 21, 2018....more
9/24/2018
/ Cost Recovery ,
Natural Disasters ,
New Legislation ,
Penalties ,
Public Utilities Commission ,
Recovery Plans ,
Risk Mitigation ,
State and Local Government ,
Utilities Sector ,
Utility Rates ,
Wildfires
When a governmental agency improperly denies a permit application for a new development, and the proposed development is thereby delayed, does this result in a regulatory taking? ...more
For those of you who have followed Nossaman’s eminent domain blog since the very early days, you’ll recall our coverage of a significant regulatory takings case, Monks v. City of Rancho Palos Verdes. ...more
The Federal Energy Regulatory Commission (FERC) recently issued a Notice of Inquiry seeking input on whether to adjust its policies and procedures for reviewing and issuing authorizations for natural gas transportation...more
5/2/2018
/ Comment Period ,
Eminent Domain ,
Energy Policy ,
Energy Projects ,
Energy Sector ,
Environmental Assessments ,
FERC ,
Natural Gas ,
Notice of Inquiry ,
Oil & Gas ,
Pipelines ,
Regulatory Reform
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
Bender Rosenthal, Inc. and Nossaman LLP invite you to this complimentary afternoon seminar that will provide insight on current right of way issues affecting agencies and utilities as well as a recap of the most important...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