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Water Agencies Beware Before Proceeding with Forced Municipalization

Despite California’s record high levels of precipitation in 2023, water scarcity remains a pressing issue. Governments have turned to using the power of eminent domain to acquire investor-owned utilities in an effort to...more

California Water Views - 2024 Outlook

Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more

State Inverse Condemnation Remedy Sufficient To Vindicate Constitutional Rights

Dodge, duck, dip, dive, and… dodge.  An interesting case from the United States Supreme Court yesterday.  Interesting because of what it says, and interesting because of what it very explicitly declined to say....more

Spring, Taxes, and the 1033 Exchange

As the Ides of April approach for individual tax filers, a mad dash to find tax savings is underway.  Many real estate investors and professionals are quite familiar with the tax saving potential of a 1031 Exchange....more

[Webinar] Eminent Domain Case Law Update - March 7th, 11:00 am - 12:00 pm PT

Please join us on March 7, 2024 for a webinar recapping eminent domain and real property cases from the last year. Bernadette Duran-Brown and Steve Silva will provide a comprehensive overview and delve into key decisions from...more

Presentation at Right of Way Consultant’s Council Membership Meeting in Las Vegas

The Right of Way Consultant’s Council Membership Meeting took place in Downtown Las Vegas on November 3, 2023.  Having previously presented an eminent domain topic at the 2022 Membership Meeting, Steven Silva from Nossaman’s...more

Public Agency’s Resolution of Necessity Not Entitled to Conclusive Presumption When Using Eminent Domain for Takeover of Public...

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

Supreme Court Rules County Can’t Keep the Change

Local governments—generally counties—impose property taxes on real estate pursuant to state law. Sometimes called ad valorem taxes, these property taxes are set based on the assessed value of the property. When a landowner...more

Calculating Condemnation Interest Rates – California & Nevada

The payment of “just compensation” for the taking of private property includes more than merely writing a check to the property owner after a jury determines the current fair market value of the taking. A property owner is...more

Ch-Ch-Changes in the Law: Eminent Domain and Infrastructure Update

Earlier this month, we gave a presentation during the International Right of Way Association’s 68th Annual Education Conference in Cleveland, Ohio. In keeping with the “rock and roll” theme, our session, “Ch-Ch-Changes in the...more

Post-Pakdel Ripeness: "Modest Requirement" Not Met By Incomplete Application

A new decision out of the Northern District of California applying the “final action” standards of Pakdel v. City and County of San Francisco has come out – with the District Court concluding that even under Pakdel’s...more

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