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Precondemnation

Court Clarifies Rules for Takings, Precondemnation Damages Claims

by Nossaman LLP on

Two of the more complicated issues eminent domain attorneys face are analyzing whether government conduct rises to the level of a taking, and whether the government engaged in precondemnation conduct that gives rise to...more

Property Reserve and Precondemnation Entries – The Epilogue

by Miller Starr Regalia on

As we have previously reported, the California Supreme Court in Property Reserve, Inc. v. Superior Court (2016) 1 Cal.5th 151, ruled that the California statutes allowing precondemnation entry by the government to test and...more

California Supreme Court Upholds Precondemnation Procedures

by Snell & Wilmer on

On July 21, 2016, the California Supreme Court in Property Reserve v. Superior Court upheld the state’s precondemnation entry and testing statutes provided they were reformed to allow impacted property owners the ability to...more

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

by Nossaman LLP on

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

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