Come & Take It: The Eminent Domain Podcast (Episode #13), Featuring Winstead Shareholder Tom Forestier
Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
Bar Exam Toolbox Podcast Episode 140: Listen and Learn -- Regulatory Takings
#WorkforceWednesday: Mandatory Vaccination, Tipped Worker Rule, and SCOTUS Rules Against Organized Labor - Employment Law This Week®
More Emerging Litigation Claims and Demands from COVID-19
Real Estate Developer Rights When Cities Demand Too Much
The Koontz Decision: Limits Conditions a Government can Impose on Developers
Supreme Court Hands Landowners a Major Victory - Nossaman's Brad Kuhn
Investors and developers scour the Southern California real estate market searching for opportunities to buy dated houses that they can demolish and replace with large, modern homes to sell for much more. A few individuals...more
A recent decision of the U.S. Court of Appeals for the Fourth Circuit concerned a nightmare scenario for any property owner. The plaintiffs sought to rebuild their beachfront house after it was destroyed. Originally...more
The California Coastal Act is a regulatory regime with many layers and complexities. Generally, however, the Act requires development within a designated coastal zone to obtain a coastal development permit. This permit may be...more
Since the U.S. Supreme Court’s decision in Knick v. Township of Scott (2019) 139 S.Ct. 2162 eliminated the requirement for a plaintiff to exhaust state court remedies before pursuing a takings challenge in federal court,...more
The Fifth Amendment to the U.S. Constitution states: “nor shall private property be taken for public use, without just compensation.” The California Constitution contains a similar provision. Reading these constitutional...more
This Fall, the California Coastal Commission (“Commission”) was handed down two significant victories, further cementing its authority and jurisdiction within California coastal zones. These cases demonstrate that, in certain...more
An appellate court has held that the sole means of challenging a certified local coastal program (LCP) based on violation of the California Coastal Act is a petition for writ of administrative mandate under Code of Civil...more
On October 17, 2018, in Beach and Bluff Conservancy v. City of Solana Beach, __ Cal.App.5th __ (2018) (Case No. D072304), the Fourth District Court of Appeal ruled against a coastal property owner’s group in its facial...more
On October 1, 2018, the U.S. Supreme Court denied certiorari in Martins Beach 1, LLC v. Surfrider Foundation (Docket No. 17-119), a high-profile property rights case involving Martin’s Beach in the County of San Mateo....more
In a published decision, the California Court of Appeal for the Second Appellate District rejected the California Coastal Commission’s (“Commission”) finding that there is no rational nexus or rough proportionality between...more