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California Eminent Domain Report Blog

Articles: 1-10 of 210

California Coastal Act Trumps Local City Regulations Banning Short-Term Housing Rentals

USA - August 5 2022 Housing in California is a hot topic, particularly when the short-term rentals are thrown into the mix. Those opposed to short-term rentals often…

Recovery of Attorneys’ Fees Not Permissible for Lawyer/Spouse Plaintiffs Under Uniform Relocation Act

USA - June 24 2022 A recent Federal Circuit case, Haggart v. United States, No. 21-1660 (June 22, 2022) determined that under the Uniform Relocation Act, like other…

Ch-Ch-Changes in the Law: Eminent Domain and Infrastructure Update

USA - June 23 2022 Earlier this month, we gave a presentation during the International Right of Way Association’s 68th Annual Education Conference in Cleveland, Ohio…

California Announces New Emergency Drought Regulations

USA - May 31 2022 On May 24, 2022, the California State Water Resources Control Board announced emergency drought restrictions resulting from Governor Newsom’s…

Businesses Shut Down by COVID-19 Regulations May Not Bring Inverse Condemnation Claims

USA - May 23 2022 For the first time, a California state appellate court has decided whether businesses may bring takings claims against the government due to COVID-19…

Conveyance Language Determines Scope of Rights

USA - April 29 2022 The language in conveyance and real estate documents impacts the type of property interests that are created and conveyed and defines the scope of…

City’s Forced Sale of Public Nuisance Property Not a Taking

USA - April 11 2022 When the government forces a property owner to sell private property, it is usually done through an eminent domain action (a direct taking), and the…

Post-Pakdel Ripeness: "Modest Requirement" Not Met By Incomplete Application

USA - March 1 2022 A new decision out of the Northern District of California applying the “final action” standards of Pakdel v. City and County of San Francisco has…

Granting of Water Supplies Vitiates Public Entity’s Need to Acquire Ground Water Rights through Eminent Domain

USA - February 16 2022 Rosamond Community Services District (“RCSD”) recently approved the adoption of a resolution of necessity and filed a case to acquire water rights…

Water Utility Avoids Inverse Condemnation Liability

USA - December 7 2021 Generally, if utilities with the right of eminent domain cause damage to private property during the operation of their facilities, they may face…