Tag Archives: Condemnation

Eminent Domain for California’s Social Infrastructure

While much of the focus in California lately has been on eminent domain for transportation projects, there’s some new condemnations moving forward in both Northern California and Southern California for social — or community — development projects. Down south, the San Diego Union Tribune reports that the Port of San Diego has exercised its condemnation powers to acquire … Continue Reading

After 15 Years, Not Even A Thank You.

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 … Continue Reading

Is a Property Interest Really Necessary?

Yes!  And two separate groups recently learned this fact the hard way.  On April 17, the Eastern District of California issued two separate decisions dismissing two separate inverse condemnation claims with prejudice because the plaintiffs did not have an independent property interest in the subject property.  In Abarca v. Merck & Co. (E.D. Cal. Apr. 17, 2012) Case No. 1:07-cv-0388, a … Continue Reading

The Anti-SLAPP, Something to Remember

California provides a special procedural remedy whenever a lawsuit implicates a defendant’s First Amendment right to petition or free speech.  The procedure is commonly referred to as the "anti-SLAPP."  (SLAPP is an acronym for Strategic Lawsuit Against Public Participation.)  Under this procedure, the trial court evaluates the merits of the lawsuit using a summary judgment like process, often at an early stage … Continue Reading
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