With the recent government mandates surrounding COVID-19, many businesses are completely shut down and are legally unable to open their doors to the public. Are those businesses -- movie theaters, gyms, retail stores, etc. -- entitled to compensation for a regulatory taking? Similarly, landlords are experiencing massive losses as those tenants are unable to make rental payments; are those losses compensable? Should governments worry about liability when issuing orders requiring the closure of businesses?
While compensation arguably should be paid from a decency and “good ...
As we've reported in the past, temporary takings are compensable in California. But such claims are not easy to prove, particularly when you're dealing with the federal government imposing temporary regulations preventing use of property. A recent case, Reoforce v. United States, demonstrates some of the hurdles an impacted property owner may face.
In Reoforce, the plaintiff discovered a mineral deposit called pumicite on federal land in Kern County, California. Believing the deposit had potential value for paint and fiberglass applications, Reoforce submitted a mining ...
California Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain. We cover all aspects of eminent domain, 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 eminent domain conferences and seminars in the Western United States.
Stay ConnectedRSS Feed
- CLIMATE CHANGE
- Court Decisions
- GOVERNMENT ADMINISTRATION
- Inverse Condemnation & Regulatory Takings
- New Legislation
- Public Agency Law
- Regulatory Reform and Proposed Rules
- Right to Take