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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

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

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

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

Agency Obligations May Not Be Circumvented Through Unique Statutory Interpretation

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

Government’s Forced Sale of Property Does Not Constitute a Taking

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

Don’t Forget to Value Those Billboards in Condemnation!

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

COVID-19, Outdoor Dining, Street Closures and Takings?

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

Top 10 Considerations When Retaining an Appraiser for Eminent Domain

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

Government’s Enforcement of Development Plan Conditions is Not a Taking

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

There Can Be No Taking for Impairment of Access If the Property Does Not Abut a Public Road

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

Court Reminds Public Agency it Must Put Condemned Property to Public Use Within 10 Years

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

Amendments to Proposed Legislation Would Change Municipalization / Eminent Domain Takeovers of Electric, Gas and Water Utilities

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

Does the Coronavirus Shutdown Trigger a Regulatory Taking?

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

“Public Improvement” Narrowly Defined to Limit Inverse Condemnation Liability

Since the California Supreme Court’s 2019 Oroville decision, which narrowed inverse condemnation liability for public agencies, several court decisions have followed suit. ...more

Court Clarifies Inverse Condemnation Liability

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 Comments on California Wildfires, Inverse Condemnation

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

Mojave Air & Space Port to Use Eminent Domain if Negotiations Fail to Lift Off

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

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