News & Analysis as of

Property Damage Inverse Condemnation

Womble Bond Dickinson

Navigating Property Nuisance Litigation: Lessons from Satcher v. Columbia County on Injunctive Relief and Damage Awards

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In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the...more

Nossaman LLP

Regarding landslide liability, the Court is not interested in the “Chicken or Egg” debate

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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

Cozen O'Connor

Michigan Dam Collapses

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On May 19, 2020, at 5:46 p.m., a dam on the Tittabawassee River in Edenville, Michigan collapsed. The resulting floodwaters devastated the cities of Edenville and Midland and damaged or destroyed hundreds of properties....more

Nossaman LLP

“Public Improvement” Narrowly Defined to Limit Inverse Condemnation Liability

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Since the California Supreme Court’s 2019 Oroville decision, which narrowed inverse condemnation liability for public agencies, several court decisions have followed suit. ...more

Nossaman LLP

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

Nossaman LLP

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

White and Williams LLP

California Clarifies Its Inverse Condemnation Standard

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In City of Oroville v. Superior Court, 446 P.3d 304 (Cal. 2019), the Supreme Court of California considered whether the City of Oroville (City) was liable to a dental practice for inverse condemnation damages associated with...more

Nossaman LLP

Court Provides Further Clarification on Inverse Condemnation Liability

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We recently reported on the California Supreme Court’s decision in Oroville which provided a relaxed standard for public agencies facing inverse condemnation claims. Since that decision, a new unpublished Court of Appeal...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

Nossaman LLP

Lessons in Litigating Inverse Condemnation Claims

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Inverse condemnation litigation and liability has become a particularly hot topic in California over the last several years. Not many attorneys specialize in this area, and there are a number of traps for the unwary lawyers,...more

Nossaman LLP

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

Cozen O'Connor

In Re: Hurricane Harvey, Inverse Condemnation And Potential Subrogation Actions

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I. OVERVIEW - On August 25, 2017, Hurricane Harvey made landfall near Rockport, Texas as a Category 4 Atlantic hurricane. It then stalled over Houston. After landfall, winds diminished but precipitation did not, and over...more

Clark Hill PLC

Potential Remedy for Addicks & Barker Reservoir Release Victims

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On August 25, 2017, Hurricane Harvey made landfall as a Category 4 hurricane, settling in the lower Texas gulf coast and inundating southeast Texas with almost 50 inches of water over a four-day period. The storm caused...more

Nossaman LLP

Court Narrowly Defines “Public Improvement” for Inverse Condemnation Liability

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Under inverse condemnation law in California, a public agency is generally strictly liable for physical damage to private property caused by a public improvement. This means a public agency can be held liable even if the...more

Maynard Nexsen

SC Court of Appeals Rules Not Every Government Action is a Taking - Landowners may still recover damages

Maynard Nexsen on

The South Carolina Court of Appeals recently considered the appeal of Claude Graham and Vickie Graham against the Town of Latta, South Carolina, in the case of Graham v. Town of Latta, 789 S.E.2d 71 (S.C.Ct.App. 2016). The...more

Nossaman LLP

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

Bilzin Sumberg

Editorial: Drowning in Place: Local Government Costs and Liabilities for Flooding Due to Sea-level Rise

Bilzin Sumberg on

Many areas of Florida are experiencing increased tidal flooding due to sea-level rise (SLR). Florida has experienced eight to nine inches of SLR over the past 100 years. The roughly four and one-half inches of rise in the...more

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