This past week I had the opportunity to attend the International Right of Way Association’s (IRWA) Region 1 Fall Forum and Symposium in San Diego, California. On Friday, Brad Kuhn and I presented an update on recent federal and state cases impacting takings, land use and development in California. On Saturday, I was an attendee
California Eminent Domain Report
Latest from California Eminent Domain Report - Page 2
Reminder for Upcoming Eminent Domain / Right-of-Way Events
California Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain. We cover all aspects of eminent domain, including condemnation, inverse condemnation and regulatory takings. We also keep track of current cases, project announcements, budget issues, legislative reform efforts and report on all major eminent domain conferences and seminars in…
Adverse Possession Between Public Entities: a Loophole or a Pipedream
A question that arises with some frequency in our practice is whether a public entity can adversely possess a property interest against another public entity. The general rule of thumb is that a private entity cannot obtain an interest in real property owned by a public entity through adverse possession. This rule is in part…
Regarding landslide liability, the Court is not interested in the “Chicken or Egg” debate
Regarding landslide liability, the Court is not interested in the “Chicken or Egg” debateWith the frequency of wildfires and flooding, landslides are becoming more frequent throughout California. When public agencies have water pipelines located in hillsides, the situation presents the classic “chicken or egg” debate: (1) did the soil movement cause the pipe to displace…
Are Legislatively Enacted Development Impact Fees on the Chopping Block?
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 scrutiny than fees that are imposed by a permitting authority on an ad hoc basis. While this question has been presented…
Join Us in Phoenix for Condemnation Summit XXX
We are excited to partner with Gallagher & Kennedy once again to host Condemnation Summit XXX on October 27, 2023 in Phoenix, AZ! We have developed another outstanding agenda filled with educational and interactive presentations and plenty of time for networking. Join us to hear from subject matter experts as they discuss timely information on…
Public Agency’s Resolution of Necessity Not Entitled to Conclusive Presumption When Using Eminent Domain for Takeover of Public Utility
Public Agency’s Resolution of Necessity Not Entitled to Conclusive Presumption When Using Eminent Domain for Takeover of Public UtilityIn California, when a government entity adopts a resolution of necessity to acquire property by eminent domain, that resolution typically “conclusively” establishes the requisite findings of public use and necessity. However, when the government is seeking to…
Summary of Major Eminent Domain Cases & Legislation: January 1, 2023-June 30, 2023
Summary of Major Eminent Domain Cases & Legislation: January 1, 2023-June 30, 2023We recently had the pleasure of collaborating with Robert Thomas and Ajay Gajaria once again for the International Right of Way Association’s (IRWA) biannual report covering numerous eminent domain cases at local, state and federal levels from January through the end of June…
The Eminent Domain Podcast: Trying an Eminent Domain Case
California Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain. We cover all aspects of eminent domain, including condemnation, inverse condemnation and regulatory takings. We also keep track of current cases, project announcements, budget issues, legislative reform efforts and report on all major eminent domain conferences and seminars in…
Supreme Court Rules County Can’t Keep the Change
Local governments—generally counties—impose property taxes on real estate pursuant to state law. Sometimes called ad valorem taxes, these property taxes are set based on the assessed value of the property. When a landowner does not pay their property tax, the law allows the county to foreclose on the property and sell it to another person.The…