California Eminent Domain Report

On April 21, 2021, I will be participating in the sixth annual International Right of Way Association (IRWA) Chapter 57 and Southern California Chapter of the Appraisal Institute's (SCCAI) Virtual Joint Meeting. I will be a co-presenter discussing "Project Benefits - Do They Ever Apply, and If So, How Are Benefits Supported?" during which we will cover project benefits and their significance in the eminent domain arena. This program will also include:

• The statutory and case law landscape that gives rise to the issue of project benefits, when and how they may apply and methods and ...

Sea level rise is a critical issue facing public agencies and property owners throughout the United States. In California alone, this phenomenon could impact thousands of residences and businesses, dozens of wastewater treatment plants and power plants and hundreds of miles of highways, roads and railways. Last year, the California Legislature introduced a number of bills that proposed to address, or anticipate, or mitigate the impacts of sea level rise in California. Almost all of those bills, however, failed to make their way to the Governor’s desk. This year, the California ...

A federal aid package that is aimed at improving aging infrastructure and stimulating new transportation projects is in the works. The Los Angeles Times recently reported on the federal initiative and what it could mean for California infrastructure and agencies. 

The article highlights a handful of the many California agencies and projects that would be vying for a portion of the funds, should the package get approved. For those of us in Southern California, there are a multitude of potential projects that would be aided by federal funds – upgraded passenger rails in anticipation ...

In order for a property owner to successfully pursue a regulatory takings claim for inverse condemnation, the owner is typically required to pursue multiple different development options, and face multiple permit denials, before a claim will be ripe. However, a recent California Court of Appeal opinion, Felkay v. City of Santa Barbara, 2021 Cal.App. LEXIS 225, held that “multiple applications are not required where the permit denial makes clear that no development of the property would be allowed under any circumstance.”

Background

In this case, a property owner applied to ...

Providing listeners a convenient and concise medium to access timely reports on important land use topics, Nossaman’s recent podcast offerings make a great addition to your professional playlist.

First, check out Nossaman’s own Digging Into Land Use Law podcast, which covers the development of all things in, on or above the ground. Recently, I recorded the episode “Valuation and Damages: Assessing COVID-19’s Economic Impact.” Changes in how businesses operate, restrictions on property use and reduced revenues brought on by mandated closures due to COVID-19 have had ...

Sometimes there is a case that seems to perfectly address the legal issue you are trying to make and the facts line up, but the case is unpublished. According to the California Rules of Court, rule 8.1115, unpublished cases generally cannot be relied upon. But, if you are quick enough, there is a possible way to request such cases become published.

This was a question we recently received during our 2020 Year-in-Review Eminent Domain webinar. If you weren’t able to join us during the webinar, you can still watch the recording here. Also, keep an eye out for other Nossaman webinars, as ...

While nobody could have anticipated the challenges of 2020, the right-of-way industry worked through difficult issues to move critical infrastructure projects forward. On February 11, 2021, our Eminent Domain & Valuation Group presented “Eminent Domain in 2020: A Year in Review,” during which we discussed decisions in key cases and trends from California and around the country that will continue to impact the right-of-way industry going forward. If you were not able to attend the live session, we invite you to watch the on-demand presentation at your convenience. 

We have been following for some time now the COVID-19 takings lawsuits that have been popping up since California’s first closure orders. As we previously reported, these cases did not seem to be making much traction in the courts. However, one ongoing case in the United States District Court for the Southern District of California may be trending in the opposite direction.

In the case of Bols v. Newsom (2021 U.S. Dist. LEXIS 15237), Plaintiffs’ businesses (commercial landlord, hair and nail salons) were deemed non-essential per the public health orders and experienced the ...