News & Analysis as of

Right of Entry

Knock, Knock… Who’s There And Do I Have To Let You In?

by Seyfarth Shaw LLP on

Does an employer have to let a union official in? Only if they have a permit! Right of entry disputes are common – partly because of the multiple laws that at a glance seem to overlap in a way that can be confusing. The...more

Public Comment Requested on Revisions to Precondemnation Right of Entry Statutes

by Nossaman LLP on

When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more

When is a Right of Entry a Right?

by K&L Gates LLP on

Union officials come on to a construction site arguing that they don't need to comply with Right of Entry laws because they are there to look after a safety concern. You try to get a clear picture of the legal basis of their...more

California Residential Leases: Ten Things to Know (Part 2)

by McManis Faulkner on

Renting a house or apartment in California presents many potential legal pitfalls for tenants and landlords alike. This article is Part 2 of a two-part series listing ten important rights and responsibilities every...more

Property Reserve Aftermath: Discovery Available in Right of Entry Cases & Young’s Market Co.

by Nossaman LLP on

When the California Supreme Court issued its ruling on Property Reserve v. Superior Court, handing a substantial victory to public agencies, we were given three key takeaways: (1) the “Right of Entry” statutes (CCP §1245.010...more

[Webinar] Meritas Capability Webinar - How The Trump Administration is Changing US Immigration - March 1st, 1:00pm CST

This Webinar will provide a review of the first 40 days of the Trump administration action on US immigration law and what this means for both US and non-US companies and employers. This includes changes in visa issuance,...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

How to Negotiate a Right of Entry After Property Reserve

by Nossaman LLP on

Last month, the California Supreme Court’s decision in Property Reserve v. Superior Court provided long-awaited certainty for public agencies after a court of appeal determined the often-used “right of entry” statutes failed...more

California Supreme Court Upholds Right of Entry Statutes, but "Reforms" them to Comply with Constitution

by Nossaman LLP on

When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more

California Environmental Law & Policy Update - July 2016 #5

by Allen Matkins on

Environmental and Policy Focus - State Supreme Court rules in state’s favor on Delta property rights - Sacramento Bee - Jul 21 - The California Supreme Court ruled last Thursday that the state has the right 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

Can Technology Preserve Government Rights of Entry?

by Nossaman LLP on

As we await the California Supreme Court’s decision in the Property Reserve case (see related posts here and here), many government agencies are faced with the question of what they will do if the justices deem the current...more

Update: California Supreme Court Oral Arguments

by Nossaman LLP on

Today, the California Supreme Court heard oral arguments in the Property Reserve v. Superior Court case. Today was also the day the Court began showing live webcasts of oral arguments online, so I was able to not only hear...more

Property Reserve Case Set for Oral Argument

by Nossaman LLP on

The California Supreme Court announced today that the Property Reserve case will be heard on May 3, 2016, at 9:00 a.m. in San Francisco. (I’m assuming this is not an April Fool’s joke, since eminent domain attorneys have...more

Another Twist in California’s Right of Entry Rules

by Nossaman LLP on

Eminent domain practitioners have been waiting for nearly two years for the Supreme Court to issue its decision in Property Reserve v. Superior Court. At issue is the constitutionality of California’s “Right of Entry”...more

Right of Entry Statutes Are Back in Business – For Now

by Nossaman LLP on

For decades, California public agencies have utilized a statutory "right of entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with acquiring the...more

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