In the City of Fresno, the Tower Theatre is a bohemian landmark, opened in 1929 as a 20th Century Fox Movie House. This year, it became public that Adventure Church was buying the theatre, which has caused tensions to rise in the community, with thousands signing a petition to save the historic theatre, weeks of demonstrations trying to prevent its use as a church, and even a pending lawsuit. The City attempted to defuse the situation by offering Adventure Church an alternative location, which also backfired. So what’s next? The City may be considering using eminent domain to prevent ...
For those of you who missed our recent webinar, "Living on the Edge: Managing Sea Level Rise in California", you can find a recording of the event posted on our website. My colleagues Ben Rubin and John Erskine provided a great overview of ways to protect existing infrastructure and private property through coastal resiliency, what the models and data are suggesting on the future of sea level rise and the status of pending sea level rise legislation in California. I covered risks and possible solutions for public agencies and property owners, with a focus on how Coastal Commission and ...
Sometimes a public agency ends up abandoning an eminent domain proceeding, even after the property owner or business has moved from the property. Under Code of Civil Procedure, section 1268.620, if a defendant “moves from property” and the agency subsequently dismisses the suit, the owner/business may be able to recover payment of all damages proximately caused by the proceeding and its dismissal. One would think determining whether an owner/occupant has “moved” from the property would not be an issue for dispute. But a recent unpublished California Court of Appeal ...
When a public agency seeks to acquire property by eminent domain, the agency’s appraiser sometimes forgets to account for unique value attributes of the property. For example, the valuation may fail to take into account income the property generates from a billboard or a cell tower. According to an article on KCRA News, 'I think they are a bunch of thieves': Auburn couple decries Caltrans' eminent domain move, this situation is currently playing out in Northern California. …
On April 1, Nossaman’s Eminent Domain Group hosted a webinar to discuss the impacts COVID-19 is having on the Right of Way industry. First, I’d like to thank the people who attended, many of whom added thoughtful questions to the discussion. It’s clear a lot of people are giving these issues a lot of thought. Second, obviously things continue to evolve at a breathtaking pace, and even by the time this post goes from being drafted to appearing on the blog, things are likely to change.
Note that this post is not meant to recap the things we discussed at the webinar. If you weren’t able to join us and want to review what we covered, feel free to download the COVID-19 PowerPoint we used, or watch the entire recorded webinar. No, the purpose of this post is to provide some insights as to what other right of way professionals are thinking about a few of these issues. During the webinar, we asked several poll questions, and since the Nossaman team found the results interesting, I’m hoping some of you will as well ...
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.
We welcome you to join our Partners at several upcoming presentations on eminent domain topics taking place near and far.
First, Nossaman's Eminent Domain & Valuation Practice Group Chair Brad Kuhn will be presenting during Nossaman's 2019 Land Use Seminar on May 21st, in Costa Mesa, CA. Brad will be part of a discussion concerning the very timely topics of Managed Retreat and Sea Level Rise. This is an area of great interest for both private landowners, cites and towns, and public agencies alike, and the presentation will provide an overview of the current proposals and ...
Welcome to the first installment of our video series from Nossaman’s 2019 Eminent Domain Seminars. In this segment, Nossaman Partner Rick Rayl discusses the initial appraisal process and benefits of a strong appraisal.
The City of Menlo Park is proceeding with two transportation projects. The first one, an undercrossing to separate bicycles and pedestrians from rail traffic at Middle Avenue, received the green light from the City Council on December 15. The City has committed $210,000 and has authorized staff to apply for an additional $490,000 in San Mateo County Measure A sales tax funds to pay for preliminary engineering work on the project. The City estimates that the design and construction of the undercrossing will cost approximately $11 million.
The City’s second project is the Ravenswood ...
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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