We’ve reported in the past that public agencies are more frequently demanding certain off-site public improvements to accommodate proposed private developments as a condition of entitlement approval. These can range from...more
Today, April 12, 2024, in Sheetz v. County of El Dorado, the U.S. Supreme Court unanimously overruled more than two decades of California precedent, holding that legislatively established development impact fee programs must...more
Most private development projects in California trigger some sort of discretionary public approval, whether it be environmental review, zone changes, permits, or other forms of entitlement approvals. As part of that approval...more
We’ve been closely watching the Sheetz v. County of El Dorado case, which has worked its way up through the California trial and appellate courts all the way to the US Supreme Court. For a quick refresher, the case concerns...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
Changes in how businesses operate, restrictions on property use and reduced revenues brought on by mandated closures due to COVID-19 have had a major impact on the real estate market and legal proceedings related to it...more
Please join our interdisciplinary panel of infrastructure, environmental, real estate and eminent domain attorneys for a discussion on planning, procurement and financing strategies that can be implemented now to support...more
5/26/2020
/ Business Strategies ,
CEQA ,
Construction Industry ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Court Closures ,
Eminent Domain ,
Environmental Litigation ,
Infrastructure ,
NEPA ,
Procurement Guidelines ,
Project Delivery Methods ,
Project Finance ,
Real Estate Development ,
Transportation Industry ,
Webinars
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
Thanks to all of you who were able to attend Nossaman’s Coastal Law Conference last week. If you missed the event, I provided an update on sea-level rise, managed retreat, and potential eminent domain / regulatory takings...more
9/16/2019
/ Beachfront Properties ,
Best Practices ,
California Coastal Commission ,
Coastal Real Estate ,
Critical Infrastructure Sectors ,
Eminent Domain ,
Precondemnation ,
Private Property ,
Property Owners ,
Public Trust Doctrine ,
Real Estate Development ,
Regulatory Takings ,
Rising Sea Levels ,
Waterfront Properties
Nossaman LLP invites you to join us for the 4th California Coastal Law Conference at SeaCliff Country Club in Huntington Beach on September 10th! This in-depth seminar will feature officials from the California Coastal...more
7/30/2019
/ Affordable Housing ,
Building Permits ,
California Coastal Commission ,
Coastal Real Estate ,
Continuing Legal Education ,
Eminent Domain ,
Environmental Policies ,
Events ,
Housing Market ,
Infrastructure Financing ,
Public Access Laws ,
Real Estate Development ,
Urban Planning & Development
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
More than 50 years ago, Caltrans purchased roughly 500 homes under threat of eminent domain within the planned right-of-way for the anticipated construction of the I-710 freeway (linking Monterey Park to Pasadena). ...more
A few months ago, we reported on a Court of Appeal decision, Bottini v. City of San Diego, where the Court held that delays resulting from a governmental agency’s improper denial of a permit application for a new development...more
2/11/2019
/ Appeals ,
Building Permits ,
Building Standards ,
CA Supreme Court ,
CEQA ,
Coastal Real Estate ,
Damages ,
Delay Claims ,
Exemptions ,
Property Owners ,
Real Estate Development ,
Regulatory Takings
When the government physically takes or occupies property without first going through the rigorous procedural requirements under California eminent domain law, usually it’s a clear-cut case of inverse condemnation liability. ...more
Ever since the demise of redevelopment agencies in 2012, there have been a variety of legislative efforts to revive, incrementally or in whole, some form of redevelopment in California....more
12/10/2018
/ Affordable Housing ,
Economic Development ,
Eminent Domain ,
Infrastructure ,
Legislative Agendas ,
Neighborhood Revitalization ,
Proposed Legislation ,
Real Estate Development ,
Redevelopment ,
State and Local Government ,
State Funding ,
Urban Planning & Development
When a governmental agency improperly denies a permit application for a new development, and the proposed development is thereby delayed, does this result in a regulatory taking? ...more
For those of you who have followed Nossaman’s eminent domain blog since the very early days, you’ll recall our coverage of a significant regulatory takings case, Monks v. City of Rancho Palos Verdes. ...more
When state and local governments impose unreasonable conditions or exactions on private property, owners pursuing a regulatory takings claim often face a maze of procedural obstacles just to have their case heard. ...more
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 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