As we’ve seen all too many times in California, when local municipalities delay development approvals — even improperly — courts are reluctant to find liability under an inverse condemnation cause of action and award...more
Infrastructure projects take years to develop: the environmental review, funding, design, procurement, and construction of a public project is time consuming in any state, but even more so in California given the strict...more
12/12/2017
/ Eminent Domain ,
Infrastructure ,
Inverse Condemnation ,
Private Property ,
Public Projects ,
Railways ,
Real Estate Development ,
Residential Real Estate Market ,
State and Local Government ,
Surface Transportation ,
Takings Clause ,
Trains ,
Transportation Industry ,
Urban Planning & Development
With the passing of California’s new gas tax (SB1) earlier this year, local government agencies have come across a new source of funding to complete public infrastructure projects. According to an article in the Ceres...more
12/11/2017
/ Caltrans ,
Eminent Domain ,
Gas Taxes ,
Highways ,
Infrastructure ,
Inverse Condemnation ,
New Legislation ,
Public Projects ,
Real Estate Market ,
Tax Revenues ,
Transportation Industry ,
Urban Planning & Development
In the vast majority of cases, when a public agency exercises eminent domain, the only issue in dispute is the amount of just compensation the agency must pay for the property being acquired. Even in situations where a...more
According to an article in the Los Angeles Times, California lawmakers pitch a break from a key environmental law to help L.A. Olympic Bid, Clippers Arena, California lawmakers introduced Senate Bill 789 last week in an...more
9/5/2017
/ CEQA ,
City of Los Angeles ,
Environmental Policies ,
Exemptions ,
Legislative Agendas ,
Olympics ,
Proposed Legislation ,
Public Transit ,
Railways ,
Surface Transportation ,
Transportation Industry
Under inverse condemnation law in California, a public agency is generally strictly liable for physical damage to private property caused by a public improvement. This means a public agency can be held liable even if the...more
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
We’ve previously reported on the recent passage of Senate Bill 1 (SB 1), The Road Repair and Accountability Act of 2017, which will raise approximately $52 billion in funding over the next 10 years specifically for...more
When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more
Public agencies own significant amounts of property throughout California and the United States. Sometimes, those properties are not being put to a public use, and the government acts as a landlord, leasing out property to...more
In California eminent domain proceedings, a property owner is entitled to the “fair market value” of the property being acquired. Typically, fair market value is determined by analyzing comparable sales or by utilizing an...more
As we’ve reported in the past, temporary takings are compensable in California. But such claims are not easy to prove, particularly when you’re dealing with the federal government imposing temporary regulations preventing...more
Most Californians agree that our State’s transportation system is in dire need of additional funding for additional improvements and repair. The problem has always been where to secure the necessary funding. In short, it has...more
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
2/16/2017
/ Appraisal ,
Continuing Legal Education ,
Easements ,
Eminent Domain ,
Engineering ,
Events ,
Goodwill ,
Government Officials ,
Project Delivery Methods ,
Project Influence Rule ,
Public Agencies ,
Real Estate Professionals ,
Relocation ,
Right of Way ,
Urban Planning & Development ,
Utilities Sector
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
2/3/2017
/ Acquisitions ,
Appraisal Rights ,
Consultants ,
Easements ,
Eminent Domain ,
Engineering ,
Events ,
Goodwill ,
Project Influence Rule ,
Public Agencies ,
Public Officials ,
Railroads ,
Real Estate Professionals ,
Relocation ,
Right of Way ,
Urban Planning & Development ,
Utilities Sector
Before an eminent domain action is filed, public infrastructure projects involve years of planning, environmental approvals, design, and property negotiations. During this time, property owners and real estate agents/brokers...more
1/19/2017
/ Burden of Proof ,
Causation ,
Commercial Leases ,
Commercial Tenants ,
Condemnation ,
Damages ,
De Minimis Claims ,
Disclosure Requirements ,
Dismissals ,
Duty to Disclose ,
Eminent Domain ,
Fraudulent Concealment ,
Just Compensation ,
Landlords ,
Public Projects ,
Real Estate Agents ,
Rental Income
In a previous post, “What is ‘Just Compensation’ For Gas Station Acquisitions,” we explored various methods for valuing gas stations and car washes in an eminent domain action, including a recommendation by a gas station...more
With only a few days remaining until one of the most controversial presidential elections in history, there has been little focus on the candidates’ plans as it pertains to the future of infrastructure development in America....more
Redevelopment has quite the lengthy history in California. Yet it has generally been “All Quiet on the Western Front” since redevelopment agencies were abolished in 2011 as part of Governor Brown’s plan to fix the state’s...more
For years, we’ve been working with our public agency clients during the environmental and design-phase to minimize right-of-way impacts with new infrastructure projects. Yet for many agencies, property acquisitions are an...more
It’s an exciting time with the Olympics taking place in Rio De Janeiro. But what takes place before the Olympics ever gets off the ground involves years of planning, lobbying, and infrastructure development. That...more
When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more
For the last two-plus years, we have been waiting for guidance from the California Supreme Court on whether public agencies could utilize the statutory “right of entry” procedure to gain access to private property to conduct...more
7/22/2016
/ CA Supreme Court ,
Condemnation ,
Damages ,
Eminent Domain ,
Environmental Assessments ,
Jury Trial ,
Just Compensation ,
Precondemnation ,
Private Property ,
Public Agencies ,
Right of Entry
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
One of the most valuable assets many homeowners enjoy is their property’s view. If the government undertakes an activity that eliminates or obstructs that view, is an owner entitled to relief? In Boxer v. City of Beverly...more