While much of the focus in California lately has been on eminent domain for transportation projects, there’s some new condemnations moving forward in both Northern California and Southern California for social — or community...more
The wait is nearly over: for those living on the Westside of Los Angeles, passenger rail transit will be available in just a few short months. Officials announced this week that the final extension of the Expo Line will...more
When public agencies acquire property for public projects, many times only a portion of the property is required. And, the government usually seeks various types property interests: (i) permanent easements for street...more
Nossaman LLP invites you to join us for a complimentary afternoon seminar with Nossaman’s Eminent Domain attorneys alongside various industry experts. During this program, our expert panelists will provide the latest insight...more
Public transit continues to be a major focus throughout Southern California, with virtually all of the county transportation agencies planning or undertaking important passenger rail projects throughout the region. Some of...more
Public agencies are routinely facing Buy America requirements in their infrastructure projects. Some of the most difficult situations involve how to satisfy Buy America obligations with public utility relocations. The rules...more
Because billboards are typically near public transit, they are routinely impacted by public projects such as street widenings, highway and freeway expansions, and grade separation projects. When impacted, billboard companies...more
Every once in a while, infrastructure projects we’re working on involve traversing Indian lands. For those of you involved in such projects, you should take a look at the Final Rule published by the Department of the...more
We’ve been following the status of highway and transportation funding for quite some time, previously noting that Congress kept kicking the can down the road without agreeing on a long-term solution. Finally, that is no...more
For decades, California public agencies have utilized a statutory "right of entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with acquiring the...more
For several years, we’ve been following an eminent domain lawsuit in Marin County involving Caltrans’ acquisition of 34 acres for a $29.7 million interchange project at the Redwood Sanitary Landfill, which would widen the...more
11/4/2015
/ Appraisal ,
Attorney's Fees ,
Caltrans ,
Eminent Domain ,
Highways ,
Just Compensation ,
Litigation Fees & Costs ,
Property Owners ,
Settlement Offer ,
Severance Damages ,
Takings Clause
It’s not every day you’re involved in a successful eminent domain case before the California Court of Appeal. It’s even more unusual when the case deals with a number of interesting legal issues, such as the enforceability...more
We’ve been closely watching Assembly Bill 2 work its way through the legislature for most of 2015, and last week, it was finally signed by the Governor. What does it mean? You can find a detailed analysis by my partner,...more
Public agencies in California are once again getting busy with new projects. It seems at every event I attend all the right-of-way professionals, appraisers and eminent domain attorneys tell me they’re fully occupied. ...more
With the improving real estate economy, there have been an influx of new large development projects throughout California. With these new proposed developments, it is common for local government agencies to require public...more
In California eminent domain cases, a property or business owner is entitled to recover litigation expenses (attorneys' fees and expert costs) when the public agency's final offer of compensation is unreasonable and the...more
Gas stations and car washes are primarily owner-occupied convenience businesses, typically located near freeway off-ramps and at the intersections of well-traveled roadways. As a result, they’re frequently involved in...more
In California eminent domain actions, the parties are required to exchange formal settlement proposals 20 days before trial. If the case proceeds to trial, the property owner may recover litigation expenses if its demand was...more
One of the issues often disputed between public agencies and property owners in eminent domain actions is the assessment of severance damages, and in particular, whether damages should be based upon (i) the terms of the...more
In California eminent domain actions, absent special circumstances (such as an abandonment, successful right to take challenge, or inverse condemnation finding), a property or business owner is typically only entitled to...more
Those of us living in newer neighborhoods are familiar with Mello-Roos – it shows up on our annual tax bills as a way to pay off bonds issued to finance various public improvements, such as schools, streets, and parks that...more
As California continues to expand and improve its infrastructure, public agencies are more frequently running into contaminated property. A frequent question for eminent domain attorneys is: “how does contamination impact...more
3/5/2015
When a public agency acquires a portion of property, under California law the property owner is entitled to “severance damages” — or damages to the remainder portion of the property that was not acquired. Usually,...more
On Jan. 14, the U.S. Supreme Court issued its long-awaited decision in T-Mobile South LLC v. City of Roswell, holding that the city violated the "in writing" requirement of the Federal Telecommunications Act of 1996, 47...more
On January 14, the U.S. Supreme Court in T-Mobile South, LLC v. City of Roswell, held that the City of Roswell ("City") violated the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(B)(iii) (the "Telecommunications...more