California Eminent Domain Report

AI Lessons: What Eminent Domain Practitioners and Litigants Should Learn from Emerging Case Law

We’ve come a long way from the viral “I’m not a cat” court appearance video.  Now, beyond manipulating video appearances with filters, technology allows for the creation of entire legal documents using generative AI.  However, as recent case law highlights, beyond

Several members of Nossaman’s team presented at the International Right of Way Association Chapter 1 Annual Valuation Seminar held on May 28, 2026, in Montebello, California. The seminar covered a wide range of valuation topics as specifically applied in an eminent domain context.Nossaman attorney Kevin Day collaborated with CBRE appraiser John Ellis in presenting their

In 2024, the Supreme Court upended decades of California precedent when it held that legislatively enacted development impact fees must satisfy the “essential nexus” and “rough proportionality” tests established in Nollan v. California Coastal Commission and Dolan v. City of Tigard, respectively. However, the Supreme Court did not decide whether the legislatively enacted fee program

Evolving Inverse Condemnation Liability Risks in California: What Water Suppliers and Utilities Should Monitor

Two articles in Nossaman’s California Water Views – 2026 Outlook highlight a shifting inverse condemnation liability landscape in California—one that carries important implications for eminent domain professionals, water suppliers, utilities, public agencies and infrastructure owners alike.
Recent case law suggests that

Property is Property – Court of Appeal Weighs in On Availability of Relief Under RTC 170 for Restricted Access Caused by the Pandemic

Appropriately, on Tax Day 2026, the Court of Appeal issued its ruling in The Retail Property Trust v. Orange County Assessment Appeals Board No. 1 addressing available property tax assessment relief under

California Earthquake Authority Weighs in on Inverse Condemnation in its New SB 254 Report

We are closely tracking the newly released Senate Bill 254 (Becker, 2025) Study Report, prepared by the California Earthquake Authority (CEA) as Administrator of the Wildfire Fund. While the report outlines several pathways to stabilize California’s insurance and energy markets,

Property Reserve Redux:  Do Statutory Conditions on the Power to Condemn Apply to Precondemnation Entries?

Property Reserve, Inc. v. Superior Court (2016) 1 Cal. 5th 151, is a landmark precondemnation entry case that reinforced the statutory right of a party with the power of eminent domain to enter property to conduct tests and other investigatory

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