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California Eminent Domain Report Blog

Articles: 1-10 of 218

Does Pullman Abstention Apply to Federal Takings Claims Post-Knick?

USA - December 15 2022 Generally speaking, Pullman abstention permits a federal court to stay a federal claim to allow a state court to resolve a state issue that could…

Understanding the Tax Implications of Eminent Domain Proceeds When Property is Condemned

USA - November 22 2022 One of the issues that comes up frequently in eminent domain is whether the proceeds a property or business owner will receive from the government is…

How to Account for Increases or Decreases in Property Value Due to the Proposed Project

USA - November 15 2022 A recent article from Border Report, Tijuana residents holding out for more money, slowing construction of border crossing, caught my attention. Not…

Buying Property Does Not Transfer a Takings Claim

USA - November 8 2022 Despite undertaking due diligence, a buyer of real estate may miss pre-existing property damage or a public improvement that was installed without…

City Imposed Penalty of One-Year Building Moratorium Does Not Constitute a Taking

USA - October 31 2022 Local government agencies sometimes enact short-term building moratoriums for certain areas to further assess changes in land use patterns or slow…

When Does Downzoning Result in a Regulatory Taking?

USA - October 28 2022 As we have previously discussed, downzoning (changing the zoning designation for property from a more intensive use to a more restrictive use) can…

An inverse condemnation claim arising from a public project’s general construction activities requires a unique, peculiar, and substantial impact to property

USA - October 13 2022 When public projects are being constructed, surrounding property owners typically experience construction impacts, such as noise, dust, fumes…

Summary of Major Eminent Domain Cases & Legislation: January 1, 2022 - May 31, 2022

Canada - August 9 2022 In the most recent biannual report from the Real Estate Law Committee of the International Right of Way Association, we collaborated with Robert…

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…