Last year, we reported on a significant published appellate decision, South San Joaquin Irrigation District v. PG&E, which concluded that when a public agency uses eminent domain to acquire the assets of an electric, gas, or...more
When a property owner brings a regulatory taking / inverse condemnation claim based on a city or county’s zoning decisions, the owner often provides context and history, including public statements made by staff, board...more
A public agency’s acquisition of private property can sometimes trigger significant severance damages due to eliminating access, cutting off utility service, or taking a substantial portion of a property’s parking. As...more
In California, when a government entity adopts a resolution of necessity to acquire property by eminent domain, that resolution typically “conclusively” establishes the requisite findings of public use and necessity. However,...more
In eminent domain cases, it is uncommon that right to take challenges are upheld, and when they are, it is typically a procedural deficiency that can be cured. It is even more unusual where a right to take challenge is...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
With all the recent storms in California, private property is bound to suffer impacts from storm water runoff, landslides, erosion and subsidence. Understanding whether the government bears responsibility for such damage is a...more
As we have previously discussed, downzoning (changing the zoning designation for property from a more intensive use to a more restrictive use) can possibly rise to the level of a regulatory taking, depending on each...more
Facts: The property owner alleged a per se taking and inverse condemnation in the expansion of a road that increased surface and stormwater runoff flowing under the property and ultimately a sinkhole in the parking lot. The...more
Throughout all of the ups and downs in 2021, there have been multiple developments on the eminent domain front, including the special occasion where the U.S. Supreme Court heard a takings case. Outside of case law, 2021 saw...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
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
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
Last year, the United States Supreme Court made headlines (at least in our eminent domain world) by issuing a ruling in Knick v. Township of Scott that property owners can bypass the state courts and directly file a Fifth...more
1/16/2020
/ Eminent Domain ,
Federal v State Law Application ,
Fifth Amendment ,
Inverse Condemnation ,
Just Compensation ,
Knick v Township of Scott Pennsylvania ,
Motion To Remove ,
Precedential Opinion ,
Property Owners ,
Regulatory Takings ,
SCOTUS
It is commonplace for a local government agency to require a property or business owner to secure a license or permit for a particular type of operation (such as a liquor license, medical marijuana license, etc.). If the...more
10/4/2019
/ Building Codes ,
Business Licenses ,
Cannabis Products ,
Due Process ,
Inverse Condemnation ,
Just Compensation ,
License Renewals ,
Licensing Rules ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Municipalities ,
Notice of Non-Renewal ,
Property Owners ,
Regulatory Oversight ,
Regulatory Takings ,
Zoning Laws
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
We’ve been tracking the impacts of sea-level rise in California, and previously reported on a potential recommendation by the California Coastal Commission to utilize eminent domain for “managed retreat” — buying or...more
In Governor Gavin Newsom’s first State of the State address, he called for the creation of a strike force charged with developing a comprehensive strategy to address the destabilizing effect of catastrophic wildfires on the...more
4/19/2019
/ Comment Period ,
Cost Recovery ,
CPUC ,
Inverse Condemnation ,
Liquidity ,
Property Owners ,
Public Utility ,
Regulatory Takings ,
State and Local Government ,
State Funding ,
Wildfires
In Governor Gavin Newsom’s first State of the State address, he called for the creation of a strike force charged with developing a comprehensive strategy to address the destabilizing effect of catastrophic wildfires on the...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
With the recent widespread reports of sea-level rise triggered by global warming, the California Coastal Commission — a state agency which regulates coastal development — plans to release a proposal in early-2019 which...more
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