Inverse condemnation litigation and liability has become a particularly hot topic in California over the last several years. Not many attorneys specialize in this area, and there are a number of traps for the unwary lawyers, public agencies, and property owners involved in such litigation. A recent Court of Appeal decision provides some important lessons for all parties involved, including the risks of settling inverse condemnation claims with insurance companies, and pitfalls in recovering attorneys' fees ...
Property owners are routinely hiring attorneys well in advance of a public agency's filing of an eminent domain action. Many times, the representation begins before it is even certain whether the agency will actually move forward with acquiring the property. And sometimes, claims for inverse condemnation may ripen during the public agency's construction of the project on other nearby properties. When this overlap exists between inverse condemnation and potential future eminent domain actions, owners should be careful to assess how the attorney will be compensated. A recent ...
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