When the government requires a property owner to give up private property, the takings clause normally comes into play and the government is required to exercise its power of eminent domain. But is that always the case?...more
When a public agency seeks to acquire property by eminent domain, the agency’s appraiser sometimes forgets to account for unique value attributes of the property. For example, the valuation may fail to take into account...more
When a public agency is acquiring private property for a public project, typically the key issue in dispute is how much the agency should pay -- what is “just compensation”? ...more
When a property owner commits to developing property in a certain manner, including providing a certain number of parking spaces, and the local government agency enforces the owner’s failure to comply, does the enforcement...more
We routinely get calls from owners facing impacts to their property or business as a result of construction of a public project or changes in adjacent public streets. For example, the city or county may close a road, create a...more
After adopting a resolution of necessity and initiating eminent domain proceedings to acquire private property, public agencies are usually in a rush to move forward with the proposed public project. But every once in a...more
Please join our interdisciplinary panel of infrastructure, environmental, real estate and eminent domain attorneys for a discussion on planning, procurement and financing strategies that can be implemented now to support...more
5/26/2020
/ Business Strategies ,
CEQA ,
Construction Industry ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Court Closures ,
Eminent Domain ,
Environmental Litigation ,
Infrastructure ,
NEPA ,
Procurement Guidelines ,
Project Delivery Methods ,
Project Finance ,
Real Estate Development ,
Transportation Industry ,
Webinars
We’ve previously reported on Senate Bill 917, which was introduced on February 3, 2020, by Senator Wiener (D-San Francisco) to establish a process for a potential government takeover of investor-owned electrical, gas and...more
COVID-19 has undoubtedly upended the world, including the way we do business and the future of our economy. While our focus should continue to be on the health and safety of our families, friends, and communities, many in the...more
Please join our Eminent Domain & Valuation Group for a special webinar on “Navigating COVID-19 for the Right of Way Industry” on April 1, 2020. While COVID-19 has undoubtedly upended the world, many in the right of way...more
3/26/2020
/ Appraisal ,
Construction Industry ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Easements ,
Eminent Domain ,
Filing Deadlines ,
Filing Requirements ,
Infrastructure ,
Inspections ,
Legal Title ,
Recording Acts ,
Relocation ,
Right of Way ,
Valuation ,
Webinars
Eminent domain is typically used for roads, utilities, schools, and even airports, but in California, it is quite unusual (perhaps even unheard of) to use eminent domain for space travel. ...more
1/16/2020
/ Airports ,
Condemnation ,
Eminent Domain ,
Environmental Policies ,
Land Owners ,
Private Property ,
Property Owners ,
Real Estate Development ,
Real Estate Market ,
Urban Planning & Development ,
Vacant Properties
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
1/16/2020
/ Eminent Domain ,
Federal v State Law Application ,
Fifth Amendment ,
Inverse Condemnation ,
Just Compensation ,
Knick v Township of Scott Pennsylvania ,
Motion To Remove ,
Precedential Opinion ,
Property Owners ,
Regulatory Takings ,
SCOTUS
In an eminent domain proceeding, tenants of property subject to condemnation have constitutional rights to just compensation. However, those rights can be assigned to the landlord through a lease agreement. A recent...more
10/31/2019
/ Assignments ,
Commercial Leases ,
Commercial Tenants ,
Condemnation ,
Contract Terms ,
Damages ,
Eminent Domain ,
Just Compensation ,
Landlords ,
Property Owners ,
Property Valuation
Thanks to all of you who were able to attend Nossaman’s Coastal Law Conference last week. If you missed the event, I provided an update on sea-level rise, managed retreat, and potential eminent domain / regulatory takings...more
9/16/2019
/ Beachfront Properties ,
Best Practices ,
California Coastal Commission ,
Coastal Real Estate ,
Critical Infrastructure Sectors ,
Eminent Domain ,
Precondemnation ,
Private Property ,
Property Owners ,
Public Trust Doctrine ,
Real Estate Development ,
Regulatory Takings ,
Rising Sea Levels ,
Waterfront Properties
Nossaman LLP invites you to join us for the 4th California Coastal Law Conference at SeaCliff Country Club in Huntington Beach on September 10th! This in-depth seminar will feature officials from the California Coastal...more
7/30/2019
/ Affordable Housing ,
Building Permits ,
California Coastal Commission ,
Coastal Real Estate ,
Continuing Legal Education ,
Eminent Domain ,
Environmental Policies ,
Events ,
Housing Market ,
Infrastructure Financing ,
Public Access Laws ,
Real Estate Development ,
Urban Planning & Development
We’ve been tracking the impacts of sea-level rise in California, and previously reported on a potential recommendation by the California Coastal Commission to utilize eminent domain for “managed retreat” — buying or...more
When entering into a lease agreement, parties rarely contemplate that the property may be subject to a future eminent domain proceeding. As a result, many times the condemnation provision in the lease is given little...more
Like the vast majority of general civil litigation, eminent domain matters usually settle before going to trial. The resolution is typically documented in either a stipulated judgment or a settlement agreement. ...more
5/23/2019
/ Appeals ,
Caltrans ,
Construction Project ,
Easements ,
Eminent Domain ,
Highways ,
Inverse Condemnation ,
Just Compensation ,
Property Owners ,
Property Valuation ,
Public Projects ,
Real Estate Market ,
State and Local Government ,
Transportation Industry
As we have seen far too many times in California, eminent domain becomes a key tool for public agencies in order to keep public works construction on schedule and avoid jeopardizing state or federal funding. ...more
More than 50 years ago, Caltrans purchased roughly 500 homes under threat of eminent domain within the planned right-of-way for the anticipated construction of the I-710 freeway (linking Monterey Park to Pasadena). ...more
Nossaman LLP invites you to join us for "Eminent Domain From Start to Finish: Streamlining the Basics & Navigating the Complexities from Precondemnation to Litigation" on Tuesday, March 19, 2019!
Whether you are new to the...more
With the recent widespread reports of sea-level rise triggered by global warming, the California Coastal Commission — a state agency which regulates coastal development — plans to release a proposal in early-2019 which...more
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
Ever since the demise of redevelopment agencies in 2012, there have been a variety of legislative efforts to revive, incrementally or in whole, some form of redevelopment in California....more
12/10/2018
/ Affordable Housing ,
Economic Development ,
Eminent Domain ,
Infrastructure ,
Legislative Agendas ,
Neighborhood Revitalization ,
Proposed Legislation ,
Real Estate Development ,
Redevelopment ,
State and Local Government ,
State Funding ,
Urban Planning & Development
For those of you who have followed Nossaman’s eminent domain blog since the very early days, you’ll recall our coverage of a significant regulatory takings case, Monks v. City of Rancho Palos Verdes. ...more