Posted in Lawsuit, Projects
Mojave Air & Space Port to Use Eminent Domain if Negotiations Fail to Lift Off

Eminent domain is typically used for roads, utilities, schools, and even airports, but in California, it is quite unusual (perhaps even unheard of) to use eminent domain for space travel.  

But according to an article in the Antelope Valley Press, Eminent domain possible if airport land buy fails, that is exactly what's about to happen.  According to the article, the Mojave Air and Space Port Board of Directors agreed to move ahead with eminent domain for acquiring several vacant parcels of land if negotiations fail.  The properties are apparently necessary to expand the safety zone ...

Last year, the United States Supreme Court made headlines (at least in our eminent domain world) by issuing a ruling in Knick v. Township of Scott that property owners can bypass the state courts and directly file a Fifth Amendment takings claim in federal court (you can find our write-up on Knick here).  This was a stark shift from prior law, which held that a property owner had to first finalize their pursuit of compensation through any applicable state procedures.  We are still feeling the effects from the Supreme Court's holding, but one question that has been raised is how does the ...

Posted in Lawsuit
Martin’s Beach Saga Continues With California’s New Lawsuit

On November 25, 2019, the California Court of Appeal ruled that the public’s use of a road for more than half a century to access Martin’s Beach was permissive, and therefore “did not ripen into a public dedication that would give the public a permanent right to use the property.” (See our coverage of that decision here.) In so ruling, the Court handed a seemingly significant defeat to the plaintiff, a group entitled Friends of Martin’s Beach, and a significant victory to Vinod Khosla, the billionaire who purchased the 90 acres of beachfront property and the gated access road to ...

Posted in Videos

We are pleased to provide the final installment of our video series from Nossaman’s 2019 Eminent Domain Seminars. In this segment, Eminent Domain & Valuation Partner Rick Rayl discusses the different types of Right-to-Take Challenges and how they affect both parties to an eminent domain case.

We look forward to seeing everyone for our March 2020 Seminars in San Francisco and Orange County. Please contact us through the blog if you wish to receive save-the-date information.

Posted in Videos

We are pleased to provide the next installment of our video series from Nossaman’s 2019 Eminent Domain Seminars. In this segment, Eminent Domain & Valuation Partner Bernadette Duran-Brown discusses the first day of trial, the trial process and components, and some of the unique aspects of an eminent domain trial proceeding.

Posted in Videos

We are pleased to provide the next installment of our video series from Nossaman’s 2019 Eminent Domain Seminars. In this segment, Eminent Domain & Valuation Partner Rick Rayl discusses timing and preparation of Notices of Possession and other preliminary steps in the filing of a condemnation action.

Posted in Videos

We are pleased to provide the next installment of our video series from Nossaman’s 2019 Eminent Domain Seminars. In this segment, Eminent Domain & Valuation Attorney Katrina Wu discusses best practices for a successful large-scale document review and production process in preparation for an eminent domain trial.

Federal Bankruptcy Court Denies PG&E’s Attempt to Set Aside Inverse Condemnation Liability

On November 27, 2019, U.S. Bankruptcy Judge Dennis Montali issued a Memorandum Decision on Inverse Condemnation (“Memorandum Decision”) in PG&E Corporation and Pacific Gas & Electric’s (together, “PG&E”) Chapter 11 Bankruptcy proceeding in the U.S. Bankruptcy Court for the Northern District of California (Case No. 19-30088).  PG&E challenged the application of the doctrine of inverse condemnation in connection with the 2015, 2017, and 2018 California wildfires.  In the Memorandum Decision, Judge Montali ruled against PG&E and instead concluded that the doctrine ...

Posted in Court Decisions
Martin's Beach - The Public Taking that Almost Was, and Still May Be

The Fifth Amendment to the U.S. Constitution states: “nor shall private property be taken for public use, without just compensation.” The California Constitution contains a similar provision. Reading these constitutional provisions, one might reasonably assume that private property cannot be acquired for public use without just compensation. However, that assumption would be incorrect. In California, like many other states, private property may be acquired for public use without the payment of any compensation through an implied dedication. Whether there was or was ...

As we have written about in past posts, the issue of inverse condemnation remains on the forefront in the state given the continuing, severe wildfire risks and other climate change impacts.  Brad Kuhn was recently quoted in the Wall Street Journal in “PG&E Isn’t Alone in Facing Liability Risk Over California Fires,” addressing liability associated with inverse condemnation.  Willis Hon also commented on the current legislative situation in an E&E News EnergyWire article:  “Legal 'whipsaw' threatens PG&E's future.”  If you’re interested in potential legislative ...

California Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain in California. We cover all aspects of eminent domain in California, 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 California eminent domain conferences and seminars.

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