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
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
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
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
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
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
5/6/2021
/ Climate Change ,
Coastal Real Estate ,
Continuing Legal Education ,
Critical Infrastructure Sectors ,
Flood Management ,
Pending Legislation ,
Popular ,
Property Owners ,
Public Agencies ,
Real Estate Development ,
Rising Sea Levels ,
State and Local Government ,
Webinars
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
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
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 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
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
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
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
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
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