We previously reported on the recent California Court of Appeal district split as to what standard of review should apply in utility takeover condemnation cases as it pertains to more necessary public use challenges, and...more
In California, the primary governing structure for condemnation suits is set forth within Title 7 of the California Code of Civil Procedure (CCP 1230.010, et. seq.), otherwise known as the Eminent Domain Act, which was...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
4/1/2025
/ Appraisers ,
Best Practices ,
Cross Examination ,
Depositions ,
Diminution in Value ,
Direct Examination ,
Eminent Domain ,
Events ,
Expert Witness ,
Property Owners ,
Property Valuation ,
Relocation ,
Right of Way
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
4/1/2025
/ Appraisers ,
Best Practices ,
Cross Examination ,
Depositions ,
Diminution in Value ,
Direct Examination ,
Eminent Domain ,
Events ,
Expert Witness ,
Property Owners ,
Property Valuation ,
Relocation ,
Right of Way
When water agencies provide water to customers, and that water causes damage to customer property, can water agencies face inverse condemnation liability? For quite some time, inverse condemnation liability appeared to be...more
2/25/2025
/ California ,
Environmental Policies ,
Government Entities ,
Inverse Condemnation ,
Liability ,
Private Property ,
Property Damage ,
Property Owners ,
Public Utility ,
Utilities Sector ,
Water
Last year, we reported on a significant published appellate decision, South San Joaquin Irrigation District v. PG&E, which concluded that when a public agency uses eminent domain to acquire the assets of an electric, gas, or...more
Appraising a property being acquired through eminent domain involves a number of unique valuation rules, including highest and best use, larger parcel, date of value, and unique evidentiary restrictions on comparable sales...more
When a public agency acquires property for a public project, property owners have a constitutional right to receive just compensation. But what about the businesses that operate on the property – are they entitled to...more
We’ve reported in the past that public agencies are more frequently demanding certain off-site public improvements to accommodate proposed private developments as a condition of entitlement approval. These can range from...more
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
Despite California’s record high levels of precipitation in 2023, water scarcity remains a pressing issue. Governments have turned to using the power of eminent domain to acquire investor-owned utilities in an effort to...more
Water Agencies Beware Before Proceeding with Forced Municipalization -
California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more
5/24/2024
/ California ,
Condemnation ,
Construction Contracts ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
Municipalities ,
New Regulations ,
PFAS ,
Public Contracts ,
Public Entities ,
State Water Boards ,
Storm Water ,
Utilities Sector ,
Water ,
Water Quality ,
Water Supplies
The regulations in 49 CFR Part 24 implementing 42 USC Ch. 61, generally known as the “Uniform Act,” are being updated for the first time since 2005. New regulations are set to take effect on June 3, 2024 (the “Rule”). We will...more
Today, April 12, 2024, in Sheetz v. County of El Dorado, the U.S. Supreme Court unanimously overruled more than two decades of California precedent, holding that legislatively established development impact fee programs must...more
Most private development projects in California trigger some sort of discretionary public approval, whether it be environmental review, zone changes, permits, or other forms of entitlement approvals. As part of that approval...more
A public agency’s acquisition of private property can sometimes trigger significant severance damages due to eliminating access, cutting off utility service, or taking a substantial portion of a property’s parking. As...more
We’ve been closely watching the Sheetz v. County of El Dorado case, which has worked its way up through the California trial and appellate courts all the way to the US Supreme Court. For a quick refresher, the case concerns...more
2023 has been another interesting year in the eminent domain world. We’ve reported on some interesting court decisions, we’ve seen funding make its way to some critical infrastructure projects in California and changing...more
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
10/11/2023
/ Burden of Proof ,
Causation ,
Eminent Domain ,
Evidence ,
Infrastructure ,
Inverse Condemnation ,
Pipelines ,
Property Damage ,
Property Owners ,
Sewer Systems ,
Water ,
Water Districts
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
UNITED STATES UPDATES -
Arkansas-
City of Sherwood v. Bearden, 2023 Ark. App. 67 (2023 Ark. App. LEXIS 68)-
Facts: Property owners filed an inverse condemnation action alleging the City had placed rainwater...more
In eminent domain cases, it is uncommon that right to take challenges are upheld, and when they are, it is typically a procedural deficiency that can be cured. It is even more unusual where a right to take challenge is...more
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
Planning and constructing large public works projects can take years. When those projects will impact private property, owners are left in a difficult situation, as the cloud of condemnation hangs over their property, making...more
4/18/2023
/ California ,
Construction Project ,
Damages ,
Eminent Domain ,
Infrastructure ,
Inverse Condemnation ,
Liability ,
Precondemnation ,
Private Property ,
Public Projects ,
Public Works ,
Transportation Corridor
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