Ever since the Supreme Court issued its decision in the Matosantos case last December, facilitating the dismantling of California's redevelopment agencies, there has been talk of new legislation -- either in the "clean up" variety or in the substantive overhaul variety.
Today, the Legislature passed AB1484 as a budget trailer bill (the Senate approved the bill at around 1:30 p.m., and the Assembly followed about an hour later).
AB1484 probably qualifies as too substantive to be characterized as mere "clean up," though it falls short of a major overhaul of the system. And it ...
A few odds and ends for our readers:
- New Federal Eminent Domain Legislation: According to the Eminent Domain Law Blog, two Senators have introduced a new bill, Protection of Homes, Small Businesses, and Private Property Act of 2012. This, again, you may ask? What ever happened with HR 1433, the Private Property Rights Protection Act of 2011? HR 1433 appears to be dying a slow death, but the new 2012 bill seeks to pick up the slack. In particular, it is targeted at the same issue: preventing the federal government from using its eminent domain power and state and local ...
The International Right of Way Association's (IRWA) International Education Conference in Seattle has just wrapped up, and boy was it a great event. Over 1,200 right of way professionals from across the United States and Canada (along with some visitors from Japan, Uganda, Saudi Arabia, Thailand, and the UK) all in one location for four days. What could be better? If you weren't able to make it, let me tell you that Alaska and Canada -- two chapters vying for hosting the 2017 event -- sure know how to have a good time.
As I travel home on my flight back to Orange County ...
One of the trickiest circumstances to deal with in an eminent domain case occurs when the property being condemned suffers from a contamination issue. This presents a number of thorny issues and, quite frankly, is an area of law which is shockingly undeveloped in most jurisdictions.
- Should the cost of the remediation be offset from the value of the property?
- Should the contamination be ignored since the owner is being compelled to "sell" the property, often against his or her will?
- Should the appraisers treat the contamination as they would any other circumstance affecting the ...
Here are a few updates for right of way professionals:
- IRWA International Conference: The International Right of Way Association's (IRWA) 58th Annual International Education Conference will be taking place starting this weekend in Seattle. Nossaman's eminent domain attorneys will be there in full force: I know at least seven of us are attending, and we'll have representatives from our Orange County, Los Angeles, and San Francisco offices. For the first time ever, we'll also be hosting a booth at the Conference, and we have a number of great give-aways, so plan to stop by ...
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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