Posts from July 2013
Posted in Court Decisions

It's not too often a property owner succeeds with an inverse condemnation/regulatory takings claim based on a general plan amendment or zone change.  The owner must generally demonstrate that the regulation either on its face, or when specifically applied to the owner's property, deprives the owner of the economically beneficial uses of the property.  The first attack (a "facial challenge") is difficult to prove, as it is uncommon that a general plan amendment/zone change is drafted in such a way that it -- on its face -- prevents all economic uses of the property.  The second attack (an ...

Posted in Projects

The City of Agoura Hills is moving forward with its plans for the U.S. 101/Palo Comado Canyon Road Interchange at Chesebro Road.  According to the City,

The City has received approval from the California Department of Transportation (CalTrans) and the Federal Highway Administration (FHWA) on the Project Study Report (PSR), which is the document that identifies the deficiencies of the interchange and future issues while identifying the most likely construction improvements that will resolve existing and future traffic issues.

Though the project is still in the design phase, it has ...

Posted in Projects

The City of Santee's Prospect Avenue Widening Project is moving forward, and because the City has not been able to secure all the necessary right of way voluntarily, the City is now poised to condemn the remaining interests it needs for the project. 

On July 10, the City adopted a resolution of necessity which allows the City to proceed with the eminent domain actions on as many as 43 property interests, including several full take acquisitions, along with many partial takes and temporary construction easements.  

A July 23 article in the Santee Patch, Santee Council OKs Property Seizures ...

Posted in Projects

It's been a while since we focused on the whole condemnation of underwater mortgages scheme but that doesn't mean the idea has died off.  To the contrary, apparently at least four California cities have now signed advisory agreements with Mortgage Resolution Partners.  According to the Las Vegas Sun and various other news outlets (see here and here), the cities of Richmond, San Joaquin, Orange Cove, El Monte, and perhaps a few others, have entered into an agreement with Mortgage Resolution Partners and are looking to pursue the condemnation of underwater mortgages. 

The first ...

Posted in Projects

We haven't provided much in the way of updates recently on California infrastructure projects requiring eminent domain.  Either we've been too busy to notice or it's been surprisingly quiet recently.  But, some headlines did just catch our attention, so we thought we'd provide an update to our readers.

Posted in Court Decisions

Following up on my post on the case, I had the opportunity to speak with Colin O'Keefe of LXBN regarding the Supreme Court's ruling in Koontz v. St. Johns River Water Management District. In the interview, I explain the court's ruling and what impact it could have nationally. 

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 the Western United States.

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