Tag Archives: Inverse Condemnation & Regulatory Takings

Resolve to Learn More About Eminent Domain in 2019!

Please join Nossaman Eminent Domain & Valuation Partner Rick Rayl at CLE International’s 21st Anniversary Southern California Eminent Domain Conference.  The event will be held from Thursday, January 31st through Friday, February 1st at the DoubleTree Downtown in Los Angeles.  Rick will participate in the presentation, “Case Law Update:  The Latest Developments,” on January 31st … Continue Reading

City May Be Liable for Damage to Home Caused by Falling Tree in Inverse Condemnation and Nuisance

During a windstorm, a tree owned by the City of Pasadena fell on Mr. O’Halloran’s residence, causing damage to his home. Mercury Casualty Company paid Mr. O’Halloran for the damage pursuant to his homeowner’s insurance policy, and then sued the City for inverse condemnation and nuisance based on the damages caused by the City’s tree. … Continue Reading

Can Zoning a Golf Course Property as Open Space Result in a Taking?

Downzoning property is always a thorny issue:  on the one hand, zoning changes are typical, "police power"-type governmental activities; on the other hand, they can significantly impact property values, and in some cases can result in governmental takings liability.  When a property owner experiences a change in zoning, there are typically two theories that can … Continue Reading

When Can You Sue the State Without Naming the State?

I’ll give you a hint, this is a bit of a trick question.  Give up?  Okay.  Whenever you name a State agency, of course.  In Lavine v. State of California (pdf), a property owner filed a lawsuit after the Regional Water Quality Control Board adopted, and the California State Water Resources Control Board approved, a ban on on-site septic systems … Continue Reading

First Raisins, Now Tomatoes? Another Federal Government Takings Challenge

It appears the raisin handlers’ luck in the recent U.S. Supreme Court decision Horne v. US Department of Agriculture has spawned a new federal takings challenge by another group of fruit growers.  This time it’s a group of tomato growers asserting a takings challenge against the federal government, with a bit of a twist.  (And … Continue Reading

Latest U.S. Supreme Court Takings Decision Another Partial Win for Property Owners

This week, the Supreme Court issued the second of its three takings decision for this term.  In Horne v. Department of Agriculture, No. 12-123 (June 10, 2013), the Court reversed an earlier decision by the Ninth Circuit Court of Appeals, holding that California raisin handlers could assert a takings claim as a defense to an … Continue Reading

Two Upcoming IRWA Events (and a Supreme Court Takings Decision)

We have two big IRWA events coming up.  IRWA Annual Education Conference The biggest conference of the year, the IRWA Education Conference, starts June 23 in Charleston, West Virginia.  As always, there will be many great education sessions with strong panels of speakers.  There are also some fun social events and — on Sunday and Monday — … Continue Reading
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