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Real Estate Development Eminent Domain

Nossaman LLP

Eminent Domain for Off-Site Public Improvements Associated with Private Development

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Most private development projects in California trigger some sort of discretionary public approval, whether it be environmental review, zone changes, permits, or other forms of entitlement approvals.  As part of that approval...more

Nossaman LLP

What Constitutes a “Larger Parcel?”

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In California, a fundamental principle of eminent domain law is that an owner of property acquired by eminent domain is entitled to just compensation for the property interests taken (Code Civ. Proc. §1263.010)....more

Stark & Stark

Navigating Commercial Real Estate Litigation in Pennsylvania

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Commercial real estate transactions in Pennsylvania can be complex, involving a myriad of legal intricacies. When disputes arise, navigating the landscape of commercial real estate litigation becomes essential. In this blog...more

Nossaman LLP

Are Legislatively Enacted Development Impact Fees on the Chopping Block?

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The Supreme Court has granted certiorari in George Sheetz v. County of El Dorado, agreeing to answer the question of whether legislatively enacted development impact fees are subject to a lower level of constitutional...more

Nossaman LLP

Resurgence of Redevelopment Agencies?

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Redevelopment agencies (RDAs) have held a rather infamous position in California history.  While originally created to address urban decay (aka “blight”), generally speaking, RDAs developed into entities that wielded the...more

Allen Matkins

Sustainable Development and Land Use Update - June 2022

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Warehouse “buffer bill” advances in California legislature Bullet The Real Deal – June 2 A bill that proposes a 1,000-foot buffer zone between large warehouse developments and residential areas has advanced through one...more

Sands Anderson PC

Handling Construction Changes During the Eminent Domain Process

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Any project involving the exercise of eminent domain includes the strong likelihood that there will be a series of changes during the planning and construction phases. Yet, while construction needs may warrant a change in the...more

Allen Matkins

Sustainable Development and Land Use Update - August 2021 #4

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California advances two zoning bills seeking to promote scarce housing - U.S. News & World Report – August 26 - Spurred by an affordable housing shortage, spiking home prices, and intractable homelessness, California...more

Farrell Fritz, P.C.

Property Owner’s Request for Court-Determined Just Compensation Backfires

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The facts at issue in Elpa Builders, Inc. v. State of New York are relatively straightforward.  The property owner (the “Owner”) owned a 53,645-square-foot parcel of property (the “Property”) along New York State Route 347...more

Nossaman LLP

Who Has The Right To Develop A Pier?

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If you know someone with property that borders, is adjacent to, or abuts a natural lake, pond, bay, sea, or ocean, they may have littoral property rights. What that means is they may have the right to build a pier out to the...more

Miller Starr Regalia

Court Rules in Favor of Landowner in Eminent Domain Case Where City Did Not Use Condemned Property for its Intended Public Use...

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Every once in a while a case comes along that calls to mind the adage that “just because you can think it doesn’t mean you should say it.” The Second District Court of Appeal’s July 30, 2020 eminent domain decision in...more

Nossaman LLP

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

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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

Nossaman LLP

Efforts at Reviving Redevelopment Continue

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There is an ongoing global pandemic and the world is rightly focused on news related to COVID-19.  Given the circumstances, other news is slipping below the radar.  Something you may have missed is another effort to revive...more

Nossaman LLP

Is California Coming for Your Beach House?

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Yes, but the sea might beat them to it. In 2015, the California Coastal Commission adopted the Sea Level Rise Policy Guidance. This Guidance document discusses a number of potential measures for responding to sea level rise,...more

Nossaman LLP

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

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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

Hogan Lovells

Reacting to a CPO – what do you need to do?

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In the second of our series on compulsory purchase, we turn to what you should do if your property is at risk of compulsory acquisition....more

Nossaman LLP

Unpublished Decision Looks at Valuation Methodologies

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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

Nossaman LLP

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

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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

Pierce Atwood LLP

Mass. Appeals Court Upholds Somerville’s Union Square Revitalization Plan

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In 2012, the City of Somerville, the Somerville Redevelopment Authority (SRA), and the Massachusetts Department of Housing and Community Development approved the Union Square Revitalization Plan (the Plan), an urban renewal...more

Nossaman LLP

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

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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

Nossaman LLP

Court Holds Agency Appraiser Not Required to Identify Specific Damages When Outweighed by Project Benefits

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In an eminent domain proceeding, the property owner and the condemning agency each typically introduce evidence of just compensation through valuation experts. The jury is then required to render a verdict in between the...more

Nossaman LLP

Caltrans Must Sell Back Condemned Homes at Original Purchase Price

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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

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

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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

Nossaman LLP

Redevelopment 2.0 On The Books For 2019?

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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

Nossaman LLP

Another Regulatory Takings Case Gets Lost In The Procedural Maze

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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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