UNITED STATES UPDATES -
Arkansas-
City of Sherwood v. Bearden, 2023 Ark. App. 67 (2023 Ark. App. LEXIS 68)-
Facts: Property owners filed an inverse condemnation action alleging the City had placed rainwater...more
UNITED STATES UPDATES -
California -
Today’s IV, Inc. v. Los Angeles County Metropolitan Transportation Authority, 2022 Cal.App. LEXIS 840 (2022 WL 5107251) -
Facts: A property owner who owned a hotel in Los...more
Planning and constructing large public works projects can take years. When those projects will impact private property, owners are left in a difficult situation, as the cloud of condemnation hangs over their property, making...more
4/18/2023
/ California ,
Construction Project ,
Damages ,
Eminent Domain ,
Infrastructure ,
Inverse Condemnation ,
Liability ,
Precondemnation ,
Private Property ,
Public Projects ,
Public Works ,
Transportation Corridor
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
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
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
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
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
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
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
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
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
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
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
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 traffic continues to increase and roadways become more congested, California’s transportation infrastructure needs to keep up. While there has been a concerted focus on alternative methods of transportation (such as rail,...more
Despite being destroyed and dismantled, redevelopment in California has been born once again, this time reincarnated under the name of "Infrastructure Financing Districts." Last week, Governor Brown signed into law AB 471,...more
Money is once again being allocated to improve public infrastructure in California. The California Transportation Commission announced this week the award of $487 million to various projects throughout the state. ...more
We haven't provided much in the way of updates recently on California infrastructure projects requiring eminent domain. Either we've been too busy to notice or it's been surprisingly quiet recently. But, some headlines did...more
Acquiring property for public projects typically does not occur until after the project has received environmental approval. While this is the generally accepted rule – and it makes sense for a number of reasons – must a...more
Earlier this year in City of Livermore v. Baca, the California Court of Appeal held that as long as an expert can identify damages arising from a taking or public project, those damages likely will not qualify as speculative,...more