An eminent decision out of the Ninth Circuit United States Court of Appeals is not a common occurrence. A Ninth Circuit eminent domain decision dealing with intangible property is even less common. Yet, on April 26, 2013, the Ninth Circuit took it even one step further, issuing an eminent domain decision dealing with intangible property in which the condemning authority is an Indian Tribe.
Having explained just how rare it is to see this type of decision, I now need to make a confession. While the Ninth Circuit decision arises out of an eminent domain action in which an Indian Tribe is ...
What happens when a property owner unknowingly pays the electricity bill on a city-owned parking lot for over 15 years? If you said nothing, then you get a gold star.
In Murphy v. City of Sierra Madre (pdf), a recent decision out of the Second Appellate District, the plaintiffs-appellants were the subsequent owners of a piece of property originally purchased from the City through a Disposition Development Agreement. When the City originally transferred the property, it also mistakenly transferred an adjacent electrical meter for a City-owned parking lot. As a result, from ...
On January 19, 2012, the California Court of Appeal issued an unpublished decision addressing this very question. Specifically, in Flying J, Inc. v. Department of Transportation, Case No. F060545, the Court of Appeal affirmed the dismissal of plaintiff's claim for lost profits, finding that plaintiff's evidence was not sufficiently comparable in character and its calculations relied on too much conjecture about future events.
Plaintiff Flying J operates truck stops. In 1997, it purchased an 18.8 acre parcel adjacent to State Routes 14 and 58 in the Mojave ...
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