Can a public entity be held liable for inverse condemnation when it fails to prevent another party from causing damage to private property? This one is pretty simple: the answer is no....more
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
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
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
We recently reported on the California Supreme Court’s decision in Oroville which provided a relaxed standard for public agencies facing inverse condemnation claims. Since that decision, a new unpublished Court of Appeal...more
9/19/2019
/ Appeals ,
Erosion ,
Flooding ,
Inverse Condemnation ,
Municipalities ,
Property Damage ,
Property Improvements ,
Property Ownership ,
Public Entities ,
Reasonableness Factors ,
State and Local Government ,
Storm Sewers ,
Summary Judgment ,
Surface Water ,
Water Damage
On August 15, 2019, the California Supreme Court (“Supreme Court”) issued its first inverse condemnation opinion in more than 22 years in the case City of Oroville v. Superior Court of Butte County, Case No. S243247...more
8/20/2019
/ CA Supreme Court ,
Inverse Condemnation ,
Municipalities ,
Precedential Opinion ,
Private Property ,
Property Damage ,
Property Owners ,
Public Agencies ,
Public Improvement Projects ,
Public Utility ,
Sewer Systems ,
State and Local Government ,
Strict Liability
On July 12, 2019, Governor Newsom signed Assembly Bill (“AB”) 1054, which introduces major changes to the way California addresses wildfires in an emergency effort to financially stabilize the State’s electric utilities...more
7/15/2019
/ Certifications ,
CPUC ,
Emergency Management Plans ,
Emergency Response ,
Funding ,
Natural Disasters ,
New Legislation ,
PG&E ,
Risk Mitigation ,
Safety Standards ,
State and Local Government ,
Wildfires
The Commission on Catastrophic Wildfire Cost and Recovery (“Commission”) has released a draft report assessing the issues surrounding catastrophic wildfires in California and recommending major changes to the law (“Draft...more
6/3/2019
/ Cost Recovery ,
CPUC ,
Fire Insurance ,
Inverse Condemnation ,
Negligence ,
Property Owners ,
Risk Mitigation ,
State and Local Government ,
Strict Liability ,
Victim Compensation Fund ,
Wildfires
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
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
As we have seen far too many times in California, eminent domain becomes a key tool for public agencies in order to keep public works construction on schedule and avoid jeopardizing state or federal funding. ...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
On August 31, 2018, the California Legislature passed Senate Bill (“SB”) 901, which addresses a number of wildfire-related items relating to public utilities. Governor Brown signed the Bill into law on September 21, 2018....more
9/24/2018
/ Cost Recovery ,
Natural Disasters ,
New Legislation ,
Penalties ,
Public Utilities Commission ,
Recovery Plans ,
Risk Mitigation ,
State and Local Government ,
Utilities Sector ,
Utility Rates ,
Wildfires
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