On-Demand Webinar | Eminent Domain in 2020: A Year in Review
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
With the frequency of wildfires and flooding, landslides are becoming more frequent throughout California. When public agencies have water pipelines located in hillsides, the situation presents the classic “chicken or egg”...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
UNITED STATES UPDATES - Arkansas- City of Sherwood v. Bearden, 2023 Ark. App. 67 (2023 Ark. App. LEXIS 68)- Facts: Property owners filed an inverse condemnation action alleging the City had placed rainwater...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
Update: We previously published the alert below regarding House Bill (“HB”) 698 in the 134th Ohio General Assembly, which proposed numerous changes to Ohio’s eminent domain statutes that would be favorable to property owners,...more
A hotel owner brought a lawsuit against a county transportation authority and a general contractor for nuisance and inverse condemnation alleging that the construction of an underground subway line disrupted the operation of...more
Despite undertaking due diligence, a buyer of real estate may miss pre-existing property damage or a public improvement that was installed without permission or right. Does the new buyer have a cause of action for a taking...more
Local government agencies sometimes enact short-term building moratoriums for certain areas to further assess changes in land use patterns or slow growth. Those moratoriums imposed across a large area usually do not...more
When public projects are being constructed, surrounding property owners typically experience construction impacts, such as noise, dust, fumes, vibration, and road detours. Typically, absent a physical taking of property,...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
Generally, if utilities with the right of eminent domain cause damage to private property during the operation of their facilities, they may face inverse condemnation liability. However, where the facility in question is not...more
A damaged Property Owner no longer has to exhaust administrative remedies in State Court if they wish to pursue a takings claim under the Civil Rights Act. As a result, Property Owners injured by government regulatory takings...more
When a property owner suffers damage as a result of the actions of a public agency or public improvement, the owner typically pursues typical tort causes of action against the agency, along with a claim for inverse...more
Sea level rise is a critical issue facing public agencies and property owners throughout the United States. In California alone, this phenomenon could impact thousands of residences and businesses, dozens of wastewater...more
In order for a property owner to successfully pursue a regulatory takings claim for inverse condemnation, the owner is typically required to pursue multiple different development options, and face multiple permit denials,...more
While nobody could have anticipated the challenges of 2020, the right-of-way industry worked through difficult issues to move critical infrastructure projects forward. On February 11, 2021, Nossaman's Eminent Domain &...more
While nobody could have anticipated the challenges of 2020, the right-of-way industry worked through difficult issues to move critical infrastructure projects forward last year. Please join our Eminent Domain & Valuation...more
Typically, when a public agency acquires property by eminent domain, it names all potentially interested parties in the condemnation action. This includes the property owner, any easement holders, lien holders and usually...more
Real Property Update - Inverse Condemnation: conditions placed by FDOT on the issuance of a drainage connection permit constituted a land use exaction requiring a factual determination as to whether the drainage...more
When a property owner commits to developing property in a certain manner, including providing a certain number of parking spaces, and the local government agency enforces the owner’s failure to comply, does the enforcement...more
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
It is Christmas in July for eminent domain practitioners! We have a California Supreme Court opinion on a condemnation case, which is rare. The case, Weiss v. People ex rel. Department of Transportation (2020 Cal. LEXIS...more