One of the issues that comes up frequently in eminent domain is whether the proceeds a property or business owner will receive from the government is treated as ordinary income, capital gains or is exempt from federal and/or...more
While nobody could have anticipated the challenges of 2020, the right-of-way industry worked through difficult issues to move critical infrastructure projects forward. On February 11, 2021, Nossaman's Eminent Domain &...more
While nobody could have anticipated the challenges of 2020, the right-of-way industry worked through difficult issues to move critical infrastructure projects forward last year. Please join our Eminent Domain & Valuation...more
1/28/2021
/ Continuing Legal Education ,
Critical Infrastructure Sectors ,
Eminent Domain ,
Inverse Condemnation ,
Liability ,
Property Owners ,
Public Utility ,
Regulatory Takings ,
Right of Way ,
Utilities Sector ,
Webinars
On April 1, Nossaman’s Eminent Domain Group hosted a webinar to discuss the impacts COVID-19 is having on the Right of Way industry. First, I’d like to thank the people who attended, many of whom added thoughtful questions...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
In Freeport Reg’l Water Auth. v. M&H Realty Partners VI, L.P., 2019 Cal. App. Unpub. LEXIS 6126 (Sept. 16, 2019), the court walked through a complicated fact pattern involving – in its simplest form – a 40-foot easement for...more
In California, we have an admittedly odd way of determining whether the property or business owner in an eminent domain case is entitled to recover attorneys’ fees. (Note that I’m specifically talking about an owner’s...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
One of the unique things about eminent domain cases is that a set of specific procedural rules govern the admissibility of valuation evidence at trial. A new unpublished opinion from the Court of Appeal, San Bernardino...more
Bender Rosenthal, Inc. and Nossaman LLP invite you to this complimentary afternoon seminar that will provide insight on current right of way issues affecting agencies and utilities as well as a recap of the most important...more
Nossaman LLP and Bender Rosenthal, Inc. invite you to this complimentary afternoon seminar that will provide insight on current right of way issues affecting public agencies and utilities. Our panels of leading industry...more
2/16/2017
/ Appraisal ,
Continuing Legal Education ,
Easements ,
Eminent Domain ,
Engineering ,
Events ,
Goodwill ,
Government Officials ,
Project Delivery Methods ,
Project Influence Rule ,
Public Agencies ,
Real Estate Professionals ,
Relocation ,
Right of Way ,
Urban Planning & Development ,
Utilities Sector
Nossaman LLP invites you to join us for our 2017 Southern California Eminent Domain Seminar, "Right of Way & Legal Strategies for Successful Project Delivery." This complimentary afternoon seminar will provide insight on...more
2/3/2017
/ Acquisitions ,
Appraisal Rights ,
Consultants ,
Easements ,
Eminent Domain ,
Engineering ,
Events ,
Goodwill ,
Project Influence Rule ,
Public Agencies ,
Public Officials ,
Railroads ,
Real Estate Professionals ,
Relocation ,
Right of Way ,
Urban Planning & Development ,
Utilities Sector
One of the hot issues in eminent domain these days involves the government’s efforts to take over privately-run utility companies. The argument typically is that the government — which has no profit-making motive — can run...more
One issue that can arise in eminent domain actions involving undeveloped (or under developed) property is whether the property being acquired is potentially subject to a dedication requirement. If the property’s overall...more
8/30/2016
/ CA Supreme Court ,
Condemnation ,
Constitutional Challenges ,
Eminent Domain ,
Essential Nexus ,
Fifth Amendment ,
Just Compensation ,
Land Developers ,
Property Dedication ,
Property Owners ,
Property Valuation ,
Public Use ,
Real Estate Market ,
Reversal ,
Zoning Laws
When public agencies analyze a potential public project, they often need to gain access to private property for surveys, testing, and to otherwise investigate whether a particular property is suitable for a planned project. ...more
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
There are two interesting projects in San Diego County that are moving forward, both of which involve at least some use of eminent domain.
The San Marcos Creek Specific Plan is proceeding in, not surprisingly, San...more
Nossaman LLP invites you to join us for a complimentary afternoon seminar with Nossaman’s Eminent Domain attorneys alongside various industry experts. During this program, our expert panelists will provide the latest insight...more
Nossaman LLP and Overland, Pacific & Cutler, Inc. invite you to join us for a complimentary afternoon seminar that will provide insight on taking your project from concept through construction. Our panels of leading industry...more
Once again, I sit at my desk wondering how all of this happened. For more than a decade, I worked as an eminent domain attorney in utter obscurity; I’m not even sure my family knew what eminent domain was. But then the City...more
Eminent domain practitioners have been waiting for nearly two years for the Supreme Court to issue its decision in Property Reserve v. Superior Court. At issue is the constitutionality of California’s “Right of Entry”...more
As an eminent domain attorney, when I think about a “takings” claim, I always think about a claim involving someone’s real property. Has the government trespassed onto private property, has it imposed regulations that deny...more
7/13/2015
/ Agricultural Marketing Agreement Act of 1937 ,
Crops ,
Eminent Domain ,
Fair Market Value ,
Farms ,
Fifth Amendment ,
Horne v USDA ,
Just Compensation ,
Private Property ,
SCOTUS ,
Takings Clause
I wanted to provide a quick update on two recent cases from the California Court of Appeal.
The first, Golden State Water Company v. Casitas Municipal Water District (April 14, 2015), involves what appears to be an...more
Those of us living in newer neighborhoods are familiar with Mello-Roos – it shows up on our annual tax bills as a way to pay off bonds issued to finance various public improvements, such as schools, streets, and parks that...more
At first it seemed 2014 had been a relatively slow year for eminent domain cases. But looking back, there was more activity than we initially recalled. There were few decisions that provided any dramatic shift in the...more