Tag Archives: Precondemnation Planning

Video: David Graeler on Temporary Construction Easements

We are pleased to provide the next installment of our video series from Nossaman’s 2019 Eminent Domain Seminars.  In this segment, Eminent Domain Partner and Litigation Department Chair David Graeler discusses managing Temporary Construction Easements when there is a project delay.                  Please access the video here.… Continue Reading

Property Reserve on Hold: Supreme Court to Review Eminent Domain Right of Entry Statutes

Just a few months ago, the California Court of Appeal handed down a significant decision in Property Reserve v. Superior Court which nearly eviscerated public agencies’ ability to make use of the statutory "right of entry" procedure to gain access to private property to conduct any significant investigations and testing.  The Court held that any … Continue Reading

Nossaman 2014 Eminent Domain Seminar Upcoming

You know how sometimes you go to one of those educational seminars, and it sounds interesting, but then it turns out that a lot of it doesn’t really apply to what you actually do?  We hate it when that happens, and so we are constantly trying to find that perfect seminar that covers exactly what … Continue Reading

Property and Business Owners’ Precondemnation Damages Claims Dismissed

We’ve covered in the past the impacts property and business owners suffer when government agencies plan for public projects.  We’ve also covered when agency planning crosses the line and results in precondemnation damages or a de facto taking.  A recent unpublished Court of Appeal decision, Joffe v. City of Huntington Park, highlights (1) the types of impacts owners … Continue Reading

Report on IRWA Chapter 67’s Renewable Energy Seminar

Yesterday, I chaired the International Right of Way Association Chapter 67 (Orange County) spring seminar, focused on the interrelationship between renewable energy, right-of-way acquisitions, and eminent domain.  It was a great success.  For those of you who were in attendance — or for those of you that missed the seminar but would like a recap — all of the speakers were generous … Continue Reading

Drawn Out Public Project Approval Process Results in Uncertainty for Potentially Impacted Property Owners

Over the years, the approval process for development projects in California has become more burdensome, more difficult, and more time consuming.  The project proponent — whether a private developer or a public agency — spends months, and usually years, addressing environmental issues, processing entitlements and, for bigger projects, often facing court challenges.  But what does this … Continue Reading

San Jose Avoids Eminent Domain Action: Pays $2 Million for Property Necessary to Accommodate Planned BART Station

When LifeChoices sought to expand its rehabilitation center in 2002, the City of San Jose rejected the proposal, citing its plans for a future Berryessa Bay Area Rapid Transit ("BART") station, which would require freeway interchange improvements on the property.  According to John Woolfolk’s October 23 Mercury News article, "San Jose to pay $2 million to … Continue Reading

An Interesting Pre-Condemnation Landowner Strategy

In his September 16 article entitled “DWP outmaneuvered on Kern County land purchase,” Los Angeles Times reporter David Zahniser described a story full of political intrigue. It seems someone with ties to Mayor Villaraigosa acquired a property out from under the Department of Water and Power (“DWP”), only to immediately offer to sell the property … Continue Reading