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Inverse Condemnation Public Utility

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Zoning Activities Are Not Protected Speech

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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

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

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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

Sheppard Mullin Richter & Hampton LLP

Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance

On June 10, 2023, a jury in Portland, Oregon found PacifiCorp and Pacific Power (collectively, “PacifiCorp”) liable for negligence, trespass, and nuisance based on a series of four wildfires that occurred during Labor Day...more

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Water Utility Avoids Inverse Condemnation Liability

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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

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On-Demand Webinar | Eminent Domain in 2020: A Year in Review

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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

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[Webinar] Eminent Domain in 2020: A Year in Review - February 11th, 11:00 am - 12:15 pm PT

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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

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Governor’s 2020 Budget Signals State’s Willingness to Takeover PG&E

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Welcome to 2020! It is a new year and with every new year, comes a lot of new: new goals, new diet, new workout routines that leave every part of you sore... In the professional setting, a new year brings a lot of “chores,”...more

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Brad Kuhn Comments on California Wildfires, Inverse Condemnation

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Brad Kuhn was quoted extensively in the Daily Journal article “Century-Old Doctrine Haunts Fire Litigation.” The article provides an overview of how developments in inverse condemnation that occurred in 2019 pose numerous...more

Society of Corporate Compliance and Ethics...

California utilities potentially liable for fires under "inverse condemnation" law

CEP Magazine (January 2020)  - US law holds that, when the government seizes or damages land and does not pay compensation as required under the Fifth Amendment, the landowner must sue in court for damages. It is known as...more

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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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Governor Newsom Outlines Ambitious Strategy to Tackle Wildfires

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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

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California To Finally Tackle Inverse Condemnation Reform For Wildfires?

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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

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Water District Not Liable In Inverse Condemnation When Water Pipe Breaks and Damages Property

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California’s infrastructure is aging. There have been numerous reports of water line breaks and gas line leaks, and public agencies have been moving quickly to upgrade their utilities to minimize these risks and satisfy...more

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