Tag Archives: Water

Tentative Decision Favors Private Utility Company in Takeover Bid

One of the hot issues in eminent domain these days involves the government’s efforts to take over privately-run utility companies.  The argument typically is that the government — which has no profit-making motive — can run the utility at a lower cost, saving the ratepayers money.   Not surprisingly, the utility companies feel otherwise. In California, … Continue Reading

Federal Circuit Affirms Dismissal of ESA Fifth Amendment Takings Claim

On February 27, 2013, the U.S. Court of Appeals for the Federal Circuit affirmed (pdf) the dismissal of a Fifth Amendment takings claim based on the finding that the claim was "not ripe."  The claim is unusual because it arose in the context of the federal Endangered Species Act (ESA). Casitas Municipal Water District (Casitas) has a contract with the … Continue Reading

Committee Discusses Potential Bill Funding Billions in Water Infrastructure Improvements

As recently reported by Jason Plautz at E&E in his article "Bipartisan lawmakers seek $13.8B for infrastructure improvements," members of the Transportation and Infrastructure Committee are discussing a potential bipartisan bill that would provide approximately $13.8 billion in funding for wastewater infrastructure projects, and several billion in alternative financing for clean water infrastructure projects.  According to the draft bill … Continue Reading

Can Applying the Endangered Species Act Result in a Taking?

The U.S. Court of Appeals for the Federal Circuit recently issued an interesting opinion which addresses the question of whether or not a government agency’s application of the Endangered Species Act can trigger a property owner’s Fifth Amendment Takings Claim. My colleague Ben Rubin has a more detailed post about the case, Klamath Irrigation District v. … Continue Reading

San Joaquin County Plans Eminent Domain for Water Reservoir

According to an article on Recordnet.com, "Water fight goes to court," San Joaquin County water officials are planning to use their eminent domain powers to take thousands of acres of ranch land for a proposed reservoir.  Officials say the project — called MORE WATER — is needed to satisfy the County’s growing population and to reduce dependence on wells … Continue Reading

Recent Case Thwarts New Owner’s Efforts to Recover for Inverse Condemnation Damages

A decision this week by the California Court of Appeal holds that a purchaser of property suffering damages through government conduct may not sue for inverse condemnation where: The buyer knowingly purchases property impacted by a government taking, and The purchase price reflects the property’s condition in light of the government impacts. In Ridgewater Associates, … Continue Reading

Mojave Water Agency to Use Eminent Domain for Acquisition of Victorville Properties

Earlier this year, Nossaman sent out an E-Alert providing a status update on the use of federal stimulus dollars for California infrastructure projects.  Here on the blog, we’ve also recently reported on water-related property rights issues grabbing news headlines.  A recent Mojave Water Agency project — backed by federal stimulus dollars — ties the two topics together.     … Continue Reading