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Regulatory Takings and Executive Power to Seize Property
This past week I had the opportunity to attend the International Right of Way Association’s (IRWA) Region 1 Fall Forum and Symposium in San Diego, California. On Friday, Brad Kuhn and I presented an update on recent federal...more
In Robinson v. Superior Court (2023) 88 Cal.App.5th 1144, the Fifth District Court of Appeal held that Southern California Edison (SCE), as an investor-owned public utility, was not required to comply with CEQA in an eminent...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
Supreme Court Clarifies Valuation Rules on Potential for Future Exactions - City of Perris v. Stamper S217738 (Cal. Supreme Court, July 21, 2016) - Why it matters: The California Supreme Court reexamined the rules...more
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
Under the Real Estate Law that governs the regulation of brokers and salespersons by the Bureau of Real Estate, a salesperson is theoretically subject to supervision and control at all times by the broker that employs the...more
CEQA and land use law in California go together like a hand in a glove. Due to CEQA’s broad scope and exacting substantive and procedural requirements, it is relatively easy to plead a cause of action for CEQA violations in...more
CEQA Baseline Can Consider Historic Levels of Use - North County Advocates v. City of Carlsbad (2015)—Cal.App.4th—Case No. D066488: Why It Matters: This case addresses an important issue under CEQA relating to the...more
Environmental and Policy Focus - California court rules tiered water pricing plan violates Prop 218: Allen Matkins - Apr 21: California's local water suppliers, hit with reduction requirements varying from 8 percent to...more
Saltonstall v. City of Sacramento (2/18/2015, 3d Civil No. C077772). The Court of Appeal for the Third Appellate District of California has ruled in favor of the City of Sacramento with regard to a series of challenges...more
For years, public agencies have utilized a statutory "right of entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with a condemnation action. ...more
In Golden Gate Land Holdings LLC v. East Bay Regional Park District (4/12/13 1st Dist., Div. 5) _____ Cal.App.4th _____, 2013 WL 1491547, the First District Court of Appeal explored the scope and proper application of CEQA’s...more
Acquiring property for public projects typically does not occur until after the project has received environmental approval. While this is the generally accepted rule – and it makes sense for a number of reasons – must a...more