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Government’s Forced Sale of Property Does Not Constitute a Taking

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

Don’t Forget to Value Those Billboards in Condemnation!

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

Top 10 Considerations When Retaining an Appraiser for Eminent Domain

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

Government’s Enforcement of Development Plan Conditions is Not a Taking

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

There Can Be No Taking for Impairment of Access If the Property Does Not Abut a Public Road

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

Court Reminds Public Agency it Must Put Condemned Property to Public Use Within 10 Years

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

[Webinar] A Path to Transit and Transportation Project Success in the Wake of the Pandemic: A Panel Discussion Among Legal...

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

Amendments to Proposed Legislation Would Change Municipalization / Eminent Domain Takeovers of Electric, Gas and Water Utilities

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

Navigating COVID-19 for the Right of Way Industry

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

[Webinar] Navigating COVID-19 for the Right of Way Industry - April 1st, 1:00 pm - 2:00 pm PT

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

Mojave Air & Space Port to Use Eminent Domain if Negotiations Fail to Lift Off

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

Property Owners Cannot Remove State Court Eminent Domain Actions to Federal Court

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

Commercial Tenants Can Assign Right to Just Compensation

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

Sea-Level Rise, Managed Retreat, and Eminent Domain in California

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

[Event] 2019 California Coastal Law Conference - September 10th, Huntington Beach, CA

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

Will California’s Sea-Level Rise Trigger Use of Eminent Domain?

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

Court Decision Serves as Important Reminder on Crafting Lease Condemnation Provisions

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

Crafting Settlement Agreements in Eminent Domain

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

Faced With Funding Deadlines, Santa Cruz Approves Use Of Eminent Domain

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

Caltrans Must Sell Back Condemned Homes at Original Purchase Price

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

[Event] Eminent Domain From Start to Finish: Streamlining the Basics & Navigating the Complexities from Precondemnation to...

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

California Coastal Commission To Recommend Eminent Domain To Combat Sea-Level Rise?

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

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

Redevelopment 2.0 On The Books For 2019?

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

Another Regulatory Takings Case Gets Lost In The Procedural Maze

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

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