We recently reported on the California Supreme Court’s decision in Oroville which provided a relaxed standard for public agencies facing inverse condemnation claims. Since that decision, a new unpublished Court of Appeal decision provides further guidance and supports the “reasonableness” analysis considered in Oroville, although in this case the decision was not as favorable to public entities with respect to determining whether the damage is caused by a public or private improvement ...
According to an Orange County Register article, "O.C. may force sale of property for tunnel," Orange County officials are considering the use of eminent domain to acquire 20 parking spaces from a Huntington Beach apartment complex. The property is necessary for a storm drain project which tunnels under the I-405 freeway.
The County's storm drain project is in response to a 1995 flood which required the evacuation of the apartment complex's ground-floor units. The property owner has been offered $96,500 for the 7,200 square feet that make up the 22 parking spaces.
The County's ...
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