On-Demand Webinar | Eminent Domain in 2020: A Year in Review
[WEBINAR] Creating an Accessible City
We’ve previously reported on the “Rails to Trails” process by which old railroad corridors are being abandoned and converted into other uses, such as hiking, biking or other trail purposes, and the potential ability of...more
The 2026 ALTA/NSPS Land Title Survey standards took effect on February 23, 2026. The new standards give real estate owners, developers, and lenders opportunities to leverage 2026 ALTA surveys as a more effective...more
Most people do not spend much time thinking about the wires and cables that run under or along the streets and public rights-of-way where we walk, drive our cars, and ride our bikes every day. But these rights-of-way are...more
Under California law, every easement includes the right to do such things “as are necessary for the full enjoyment” of the easement. This can include the right to make “repairs, renewals, and replacements.” A right of way...more
In Town of Concord v. Rasmussen, the Town of Concord (the “Town”) initiated an action against several landowners abutting a road known as Estabrook Road, seeking a declaration that the public had access and use rights to the...more
On the first day of Christmas my client came to me and asked: “who holds title to the partridge in a pear tree that is within our new proposed right-of-way?” I replied that a partridge is a wild animal and not typically...more
Public utilities rely on access to private and public land to build and maintain essential infrastructure. Understanding the right-of-way and condemnation process enables utilities to secure land legally, avoid delays and...more
When the legendary writer John McPhee described a blind, over-the-shoulder basketball shot of the equally legendary Bill Bradley, he fixed on Bradley’s explanation of how he managed to score apparently without looking at the...more
When public agencies or utilities move forward with infrastructure projects, one of the most critical steps is determining exactly what property rights must be acquired. Too often, agencies focus solely on the permanent...more
In the recently published case Bartel v. Chicago Title Insurance Company, a California appellate court reaffirmed longstanding California law on insurers’ broad duty to defend even in the face of complicated underlying facts,...more
The landscape of renewable energy development on federal lands is undergoing significant changes with the passage of the One Big Beautiful Act (“OBBA”). This legislation marks a notable departure from the prior discretionary...more
Join us in April for Nossaman's Eminent Domain Seminars! We will be hosting our Northern California seminar in Berkeley on April 8th and our Southern California seminar in Costa Mesa on April 15th. These complimentary...more
Yesterday, the Court of Appeals of Virginia held that when a deed conveys “all that certain tract or parcel of land, consisting of a . . . right of way,” that right of way is conveyed in fee simple, not as an easement. In...more
On December 11, 2024, the Department of the Interior’s Fish and Wildlife Service revised its regulations covering rights-of-way across National Wildlife Refuges and other Service-administered lands. The revised regulations...more
California law is clear that the owner of a private right-of-way easement has a duty to maintain the easement. What is less clear is how far that duty to maintain may stretch...more
On October 17, 2024, the Federal Energy Regulatory Commission (FERC) took final action on Order No. 1977, which requires applicants seeking rights of way for electric transmission lines on Tribal lands to include Tribal...more
In Westside Los Angeles Neighbors Network v. City of Los Angeles, the Second District Court of Appeals considered and upheld the City of Los Angeles’s (“City”) actions associated with the approval of the Westside Mobility...more
On Tuesday, the Court of Appeals of Virginia issued a significant decision concerning easements in Barr, et al. v. Garten Development, LLC. The Court held that where a deed that released “easements” conveyed by a previous...more
A monumental victory for the Swinomish Indian Tribe was announced this spring when a judge in the Western District of Washington ordered BNSF Railway Company to pay nearly $400 million in profits damages to the Swinomish...more
A Céspedes for the Rest of Us! Ex-New York Met Has Himself a Day, Winning a Critical Preliminary Injunction, as Chandler Bats Founder Finds Himself in a Pickle - The companies of ex-MLB player Yoenis Céspedes—La Potencia,...more
For one reason or another, not every parcel of land originally targeted for a renewable energy project is able to be included in a final site plan. Typically, developers try to secure private easements from contiguous...more
The Bureau of Land Management (BLM) has finalized two rules to further prioritize the health of public lands and facilitate renewable energy leases: the Conservation and Landscape Health Rule and the Rights-of-Way, Leasing,...more
This article discusses certain legal issues on how courts interpret written easements, and provides some highlights on Washington easement law. The quotations below all come from various Washington appellate and federal court...more
When one hears “eminent domain” or “condemnation,” you might envision a governmental agency or utility coming in and acquiring the entirety of a piece of property and leaving nothing behind. However, often times,...more