Design liability and right-of-way risk allocation are topics addressed in a legal research digest recently published by the Transportation Research Board’s National Cooperative Highway Research Program (NCHRP). The report,...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
When the government promises to do one thing and then does another, it usually has myriad excuses. Sometimes it claims that its staff (the people with whom the opposing side are typically interacting) cannot bind the agency....more
Despite efforts by Congress to finally approve a long-term highway bill that would have secured funding for key infrastructure projects for the next several years, last week Congress managed only to kick the issue down the...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
Every so often, a decision comes out that makes you stop for a second and take a breath. Generally, these decisions have two essential components: (1) they deal with a statute of limitations; and (2) they involve millions of...more
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
We’ve been following the saga of the Keystone XL pipeline for a while now, and the battle rages on in Washington. Yesterday, the Republican-led Senate attempted to override President Obama’s veto of a bill to approve the...more
So the new Congress has been sworn in back in Washington, and the nation gears up for the first big clash between the Republican-controlled Congress and President Obama. What will the first major battle be: health care;...more
Property owners typically have a lot on their minds when they find out that the government is going to be taking their property. For residential owners, they need to worry about where they are going to live with their...more
One issue that eminent domain attorneys face routinely involves helping businesses obtain the relocation benefits to which they are entitled under the law, while at the same time pursuing a claim for lost business goodwill. ...more
Along with my colleagues Brad Kuhn, Ben Rubin, and Katherine Contreras, I'm here in Hartford at the IRWA Annual Education Conference. It's been an interesting few days as we discuss eminent domain issues in the shadow of New...more
2013 felt a bit like deja vu, as much of the year was dominated by recurring themes: redevelopment dissolution issues, headlines on the condemnation of underwater mortgages, the U.S. Supreme Court showing interest in takings,...more
For years, public agencies have utilized a statutory "right-of-entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with a condemnation action....more
For years, public agencies have utilized a statutory "right of entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with a condemnation action. ...more
Last week, the Court of Appeal issued a decision that may be one of the ones we look back on as among the most significant of 2014 (at least in the world of eminent domain). For years (and certainly for the entire 20 years...more
It's become our custom this time of year to provide our readers with an eminent domain recap from last year along with our thoughts on what to expect in 2014. 2013 felt a bit like déjà vu, as much of the year was dominated...more
The "Rails-to-Trails" program sounds like such a great idea in theory: take old, abandoned railroad right of way and turn it into public trails. Who would complain about that? Well, it turns out lots of people might...more
In the latest in a string of recent U.S. Supreme Court cases that impact right of way issues, on Monday the Court issued its opinion in Marvin M. Brandt Revocable Trust v. United States (Case No. 12-1173, March 10, 2014). ...more
Landowners routinely have to give up something in return for a government agency's granting a discretionary permit. Developers are quite familiar with these requirements, as they are consistently compelled to dedicate...more
I saw a couple of California redevelopment-related stories over the past week that seemed worthy of at least a brief comment.
First, a court decision involving a rather bold argument by a public agency. ...more
In August, I reported on the decision in City of Perris v. Stamper, in which the Court of Appeal weighed in on the ever-shifting line dividing the judge and jury's roles in eminent domain cases. At the time, I poked a bit of...more
When Governor Brown eliminated California’s redevelopment agencies with one swipe of his pen (OK, fine, he had a bit of help from the California Supreme Court as well), one of the things that got a bit lost in the ensuing...more