News & Analysis as of

Takings Clause Inverse Condemnation Private Property

Miller Starr Regalia

Santa Barbara Liable for Taking Private Property When its Permit Denial Made Clear no Development Would be Allowed

Miller Starr Regalia on

In a case that exists only because of the choices a city made in both application decision-making and litigation, the Second District Court of Appeal held, in Felkay v. City of Santa Barbara, __ Cal.App.5th __ (2021), that...more

Nossaman LLP

When Can The Government Physically Occupy Property Without Facing Inverse Condemnation Liability?

Nossaman LLP on

When the government physically takes or occupies property without first going through the rigorous procedural requirements under California eminent domain law, usually it’s a clear-cut case of inverse condemnation liability. ...more

Nossaman LLP

When Proposed Public and Private Projects Collide

Nossaman LLP on

Infrastructure projects take years to develop: the environmental review, funding, design, procurement, and construction of a public project is time consuming in any state, but even more so in California given the strict...more

Farrell Fritz, P.C.

Village’s Denial of a Permit to Fence-Off Private Road Subject to Claim for Inverse Condemnation

Farrell Fritz, P.C. on

In the Village of Bayville, New York (“Bayville”), a landowner wished to enclose and protect private property and the private roadway for access thereon  (“Lot 18”) against trespassers.  The landowner sought to erect crash...more

Nossaman LLP

There is Still No Private Right of Condemnation (Generally)

Nossaman LLP on

Most people understand the basic concept of eminent domain: the government takes someone’s private property and pays the owner “just compensation” for the taking. Sometimes, however, the government “takes” (or “damages”)...more

5 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide