Property is Property – Court of Appeal Weighs in On Availability of Relief Under RTC 170 for Restricted Access Caused by the Pandemic
When public agencies acquire property for future public projects, many times they are only focused on negotiating the acquisition price with the property owner. If an acquisition price can be agreed upon voluntarily, eminent domain can be avoided. But focusing solely on negotiations with the property owner can lead to surprises and exposure on total
California Earthquake Authority Weighs in on Inverse Condemnation in its New SB 254 Report
Property Reserve Redux: Do Statutory Conditions on the Power to Condemn Apply to Precondemnation Entries?
Public utilities rely on access to private and public land to build and maintain essential infrastructure. When voluntary acquisition efforts fall short, litigation becomes a necessary tool to secure those rights. Understanding the eminent domain litigation process enables utilities to navigate court procedures effectively, maintain project timelines, and manage risk while balancing the rights of
We’ve previously reported on the “Rails to Trails” process by which old railroad corridors are being abandoned and converted into other uses, such as hiking, biking or other trail purposes, and the potential ability of adjacent property owners to seek just compensation in certain circumstances. But what happens when the railroad is owned in fee
Under Arizona’s Constitution, as under its federal counterpart, a condemning authority may acquire private property if the use to which the acquired property will be put is a proper public use. From the outset of any contemplated acquisition, it is imperative that a governmental entity determine that the purpose for the acquisition will constitute a
As Nossaman’s annual eminent domain seminars are coming up on April 21st and April 28th, we thought it would be a perfect opportunity to do a little refresher on the condemnation process so that attendees are ready to dive in at the upcoming seminars. What is Eminent Domain? Eminent domain is the power to take
Courts have historically denied inverse condemnation claims by property owners against water suppliers where the quality of water or chemicals used allegedly caused corrosion or damage to water pipes. However, under a recent line of cases, that bar to recovery may be shifting. In a new unpublished decision, Micheli v. City of Fresno (2026 Cal.
When the government approves a private development that diminishes neighboring property values, can a property owner maintain a takings claim? According to a recent California court decision, the answer is no – governmental approval of a private project cannot trigger inverse condemnation liability. Background In De La Cruz v. City of Los Angeles (2026 U.S.