Local government agencies sometimes enact short-term building moratoriums for certain areas to further assess changes in land use patterns or slow growth. Those moratoriums imposed across a large area usually do not...more
As we have previously discussed, downzoning (changing the zoning designation for property from a more intensive use to a more restrictive use) can possibly rise to the level of a regulatory taking, depending on each...more
Facts: The property owner alleged a per se taking and inverse condemnation in the expansion of a road that increased surface and stormwater runoff flowing under the property and ultimately a sinkhole in the parking lot. The...more
For the first time, a California state appellate court has decided whether businesses may bring takings claims against the government due to COVID-19 shutdown orders. In 640 Tenth, LP v. Newsom, the California Court of Appeal...more
When the government forces a property owner to sell private property, it is usually done through an eminent domain action (a direct taking), and the government is required to pay just compensation. But what if the forced sale...more
On June 23rd, the United States Supreme Court held that a California regulation allowing labor organizations to intermittently access agricultural employers’ property was an unconstitutional taking. The Court reversed the...more
6/28/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Just Compensation ,
SCOTUS ,
Takings Clause ,
Unions ,
United Farm Workers
Throughout the United States, old railroad corridors are being abandoned and converted into other uses, such as hiking, biking or other trail purposes. This converted use makes sense, as it is difficult to otherwise compile a...more
In California eminent domain cases, appraisers typically have relatively wide latitude in determining fair market value for the property to be acquired. However, there are certain rules they must follow, and when an appraiser...more
In order for a property owner to successfully pursue a regulatory takings claim for inverse condemnation, the owner is typically required to pursue multiple different development options, and face multiple permit denials,...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
While inverse condemnation liability in California originates from the California Constitution, determining when it applies -- and under what circumstances -- is based on a lengthy morass of case law that has been described...more
Brad Kuhn was quoted extensively in the Daily Journal article “Century-Old Doctrine Haunts Fire Litigation.” The article provides an overview of how developments in inverse condemnation that occurred in 2019 pose numerous...more
1/21/2020
/ Commercial Bankruptcy ,
CPUC ,
Equipment Failure ,
Fifth Amendment ,
Inverse Condemnation ,
Just Compensation ,
Liability ,
PG&E ,
Private Property ,
Property Damage ,
Property Owners ,
Public Utility ,
State Law Remedies ,
Utility Rates ,
Wildfires
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
It is commonplace for a local government agency to require a property or business owner to secure a license or permit for a particular type of operation (such as a liquor license, medical marijuana license, etc.). If the...more
10/4/2019
/ Building Codes ,
Business Licenses ,
Cannabis Products ,
Due Process ,
Inverse Condemnation ,
Just Compensation ,
License Renewals ,
Licensing Rules ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Municipalities ,
Notice of Non-Renewal ,
Property Owners ,
Regulatory Oversight ,
Regulatory Takings ,
Zoning Laws
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
Many public agencies and utilities have easements for water or gas pipelines or electric transmission lines. Those easements typically contain express rights to construct, operate, and maintain the facilities, including...more
4/29/2019
/ Appeals ,
Governmental Liability ,
Inverse Condemnation ,
Just Compensation ,
Private Property ,
Public Agencies ,
Public Improvement Projects ,
Real Estate Market ,
Right of Way ,
Right to Repair ,
Trees
Public agencies own significant amounts of property throughout California and the United States. Sometimes, those properties are not being put to a public use, and the government acts as a landlord, leasing out property to...more
In California eminent domain proceedings, a property owner is entitled to the “fair market value” of the property being acquired. Typically, fair market value is determined by analyzing comparable sales or by utilizing an...more
Before an eminent domain action is filed, public infrastructure projects involve years of planning, environmental approvals, design, and property negotiations. During this time, property owners and real estate agents/brokers...more
1/19/2017
/ Burden of Proof ,
Causation ,
Commercial Leases ,
Commercial Tenants ,
Condemnation ,
Damages ,
De Minimis Claims ,
Disclosure Requirements ,
Dismissals ,
Duty to Disclose ,
Eminent Domain ,
Fraudulent Concealment ,
Just Compensation ,
Landlords ,
Public Projects ,
Real Estate Agents ,
Rental Income
It’s an exciting time with the Olympics taking place in Rio De Janeiro. But what takes place before the Olympics ever gets off the ground involves years of planning, lobbying, and infrastructure development. That...more
For the last two-plus years, we have been waiting for guidance from the California Supreme Court on whether public agencies could utilize the statutory “right of entry” procedure to gain access to private property to conduct...more
7/22/2016
/ CA Supreme Court ,
Condemnation ,
Damages ,
Eminent Domain ,
Environmental Assessments ,
Jury Trial ,
Just Compensation ,
Precondemnation ,
Private Property ,
Public Agencies ,
Right of Entry
One of the most valuable assets many homeowners enjoy is their property’s view. If the government undertakes an activity that eliminates or obstructs that view, is an owner entitled to relief? In Boxer v. City of Beverly...more