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CA Supreme Court Private Property

Nossaman LLP

Podcast: Unwritten Easements Part 1 – Implied Easements

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In the latest episode of Digging Into Land Use Law, Karla MacCary and Elinor Eizdi explore the law of implied easements, which is a murky area of the law that was made more clear by a recent California Supreme Court case that...more

Nossaman LLP

California Supreme Court Provides Rare Update on Inverse Condemnation Doctrine

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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

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California Supreme Court Hears First Inverse Condemnation Case in Years

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On June 5, 2019, the California Supreme Court (“Court”) heard oral argument in the case City of Oroville v. Superior Court of Butte County, Case No. S243247 (“Oroville Case”). This case is notable because it is the first time...more

Miller Starr Regalia

No Boundaries: The Erosion of Private Property Rights by Judicial Deference to Regulatory Overreach

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A fundamental precept of American law is the authority of the government, in the exercise of the police power for the protection of the health, safety, and welfare of the public, to regulate the conduct of individuals in the...more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - California Supreme Court Restricts Implied Dedication Rule

Scher v. Burke (June 15, 2017, S230104) - Why It Matters: Many large private landowners record notices under the provisions of the Civil Code in order to ensure that public use of their property does not morph into an...more

Nossaman LLP

Public Comment Requested on Revisions to Precondemnation Right of Entry Statutes

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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

Snell & Wilmer

California Supreme Court Hands Victory to Private Property Owners Over Public Use

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In 1970 the California Supreme Court held that, under certain circumstances, private property owners impliedly dedicate their property to the public if they permit the public to use it. Gion v. City of Santa Cruz (1970) 2...more

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Property Reserve Aftermath: Discovery Available in Right of Entry Cases & Young’s Market Co.

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When the California Supreme Court issued its ruling on Property Reserve v. Superior Court, handing a substantial victory to public agencies, we were given three key takeaways: (1) the “Right of Entry” statutes (CCP §1245.010...more

Manatt, Phelps & Phillips, LLP

California Supreme Court: Private Emails Potentially Subject to CPRA

City of San Jose v. Superior Court, 2017 Cal. LEXIS 1607, Docket No. S218066 - Why It Matters: The California Supreme Court unanimously held that government officials may be required to release communications made about...more

Nossaman LLP

How to Negotiate a Right of Entry After Property Reserve

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Last month, the California Supreme Court’s decision in Property Reserve v. Superior Court provided long-awaited certainty for public agencies after a court of appeal determined the often-used “right of entry” statutes failed...more

Nossaman LLP

California’s Precondemnation Right of Entry Statutes Upheld — With a Slight Judicial Tweak

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For the last two-plus years, we have been waiting for guidance from the California Supreme Court on whether public agencies could utilize the statutory “right of entry” procedure to gain access to private property to conduct...more

Nossaman LLP

2014 Eminent Domain Year in Review & 2015 Forecast

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At first it seemed 2014 had been a relatively slow year for eminent domain cases. But looking back, there was more activity than we initially recalled. There were few decisions that provided any dramatic shift in the...more

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