News & Analysis as of

Regulatory Takings Inverse Condemnation

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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

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Summary of Major Eminent Domain Cases & Legislation: June 1, 2022-December 31, 2023

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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

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A Lesson on Water Runoff and Inverse Condemnation Liability

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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

Gray Reed

City of Dallas Owes $33+ Million for Drilling Permit Denials

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If you have ever wondered how many ways a cocktail of stupidity*, treachery and feckless government can inflict financial harm on the undeserving, including the citizens the feckless government leaders are supposed to serve,...more

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Summary of Major Eminent Domain Cases & Legislation: January 1, 2022 - May 31, 2022

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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

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2021 Eminent Domain Case Law Year in Review

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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

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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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California Supreme Court Determines That Legal Issues Motions Cannot Be Made in Inverse Condemnation Actions

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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

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

Spilman Thomas & Battle, PLLC

COVID-19 and Governmental Closures and Seizures Without Compensation? Condemnation or Reverse Condemnation? What Can You Do?

In the face of governmental orders shutting down businesses, redirecting business efforts and assets, and even seizing business property to redistribute to others, we are seeing more and more questions about the limits of...more

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Property Owners Cannot Remove State Court Eminent Domain Actions to Federal Court

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Last year, the United States Supreme Court made headlines (at least in our eminent domain world) by issuing a ruling in Knick v. Township of Scott that property owners can bypass the state courts and directly file a Fifth...more

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Government’s Property Regulation Terminating Cannabis License is Not a Taking

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It is commonplace for a local government agency to require a property or business owner to secure a license or permit for a particular type of operation (such as a liquor license, medical marijuana license, etc.). If the...more

Miller Starr Regalia

Court Holds That Takings Claims Are Not Ripe Because City’s Denial of Grading Permit Was Not a Final Decision

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On April 5, 2019, in a case originally filed March 8, 2019, the Second District Court of Appeal certified for publication York v. City of Los Angeles, __ Cal.App.5th __ (Case No. B278254) (2019), an inverse condemnation case...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

Nossaman LLP

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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Court Of Appeal Provides Timely Reminder Regarding A Contractor’s Use Of Property For Staging And Proper Calculation Of Damages...

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In a recent unpublished Court of Appeal decision, Downs v. City of Redding (October 30, 2018), the Court took up two distinct issues: (a) whether a contractor’s use of property for construction staging constitutes a taking...more

Miller Starr Regalia

Fourth District Holds City Violated CEQA By Refusing To Recognize Exemption For Single Family Residence Project And Attempting To...

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In a published opinion filed September 18, 2018, the Fourth District Court of Appeal (Div. 1) affirmed a judgment granting a writ setting aside the City of San Diego’s (City) decision to subject a coastal development permit...more

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Improper CEQA Determination Does Not Trigger Regulatory Taking

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When a governmental agency improperly denies a permit application for a new development, and the proposed development is thereby delayed, does this result in a regulatory taking? ...more

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Should Property Owners Pursue Takings Claims in State or Federal Court?

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When state and local governments impose unreasonable conditions or exactions on private property, owners pursuing a regulatory takings claim often face a maze of procedural obstacles just to have their case heard. ...more

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Another Inverse Condemnation Temporary Damages Claim Fails to Get Off the Ground

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As we’ve seen all too many times in California, when local municipalities delay development approvals — even improperly — courts are reluctant to find liability under an inverse condemnation cause of action and award...more

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California Supreme Court Petitioned to Resolve Split in Authority Regarding Inverse Condemnation Liability in Sewage Backup Cases

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The City of Oroville (“City”) has petitioned the California Supreme Court for review of an unpublished Court of Appeal decision, City of Oroville v. Superior Court (2017) 2017 WL 2554447 (Third District), finding the City...more

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