Eminent Domain Report

In Wang v. Peletta, the California Court of Appeal held that property owners cannot acquire a prescriptive easement to maintain an encroaching structure if that structure was built without required permits and constitutes an abatable public nuisance.

In Wang, homeowners built a retaining wall and related improvements without first obtaining the required permits or a survey. They believed the work was on their own property, but it actually encroached significantly onto their neighbor's land. The county later issued citations to the homeowners requiring correction of the code ...

We recently reported on the California Legislature’s passage of Senate Bill 1153, noting that the Bill was waiting for Governor Newsom’s approval.  That approval has now occurred, and the Bill is official. 

This is a huge legislative victory for water suppliers in California, as the Bill clarifies that public water systems have no duty to be designed, constructed, or maintained for wildfire defense or suppression—and that the inability to maintain water supply or pressure during a wildfire is not a substantial cause of wildfire damages. Together, these authorities provide an ...

I’ve spent most of my career practicing in a relatively narrow corner of the law: eminent domain, inverse condemnation, and real estate litigation. That wasn’t necessarily the plan when I went to law school, but eminent domain chose me – I didn’t choose it. I’ve always been drawn to real estate—how property is used, what gives it value, and how seemingly small differences in location, access, zoning, improvements, or highest and best use can dramatically affect that value. Eminent domain cases bring all those issues together in a way that is both challenging and endlessly ...

Understanding the acquisition and condemnation process is essential to the successful delivery of infrastructure and public projects. Whether you're new to the right of way profession or simply looking for a refresher, join us for our upcoming webinar, "An Introduction to the Right of Way Acquisition and Condemnation Process," on October 6, 2026.

In our work representing public agencies and other project stakeholders, we regularly see how important it is for project teams to have a clear understanding of the acquisition and condemnation process. While right of way acquisition ...

When people think about eminent domain disputes, they usually think about appraisers, lawyers, depositions and trials. But I’ve found that many times the greatest impact on the ultimate cost of a case happens long before anyone files a complaint. That is true for both sides. For public agencies and utilities, an early project or acquisition decision can unintentionally create a much larger compensation claim. For property owners and developers, failing to understand the impact of a proposed acquisition early can mean losing opportunities to protect the property or improve the ...

Most eminent domain lawyers tend to develop their practices on one side of the aisle. Some primarily represent public agencies and utilities acquiring property. Others primarily represent property owners and businesses facing condemnation. My practice has developed differently. For more than two decades, I have regularly represented both. I have represented public agencies and utilities acquiring property for major infrastructure projects, and I have represented property owners and businesses seeking just compensation when their property is taken or affected by those ...

On September 8, 2026, we presented to IRWA Chapter 67 on "A Non-Attorney's Role in Condemnation," a program exploring the important contributions that project team members outside the legal department make to successful eminent domain proceedings.

The presentation emphasized that the most successful projects, those delivered on time and within budget, are achieved when all project stakeholders work collaboratively and maintain open lines of communication throughout the process. Early involvement by right of way professionals, project managers, engineers, appraisers ...

Conservation easements are a common tool for protecting agricultural land, open space, wildlife habitat, and other natural resources throughout California. While frequently associated with conservation efforts, conservation easements are fundamentally a property-rights mechanism that allows landowners to limit future development while retaining ownership of their land.

What Is a Conservation Easement?

A conservation easement is a voluntary restriction on the use of real property designed to limit development while keeping the property in private ownership. Property ...

California water providers are one step closer to receiving important statutory protection against inverse condemnation claims arising from catastrophic wildfires. Senate Bill 1153 has passed both houses of the California Legislature and is headed to Governor Newsom. If signed, the legislation would provide important guidance regarding what public water systems can—and cannot—reasonably be expected to do during a wildfire.

For those following California inverse condemnation law, the bill is particularly significant because it builds upon both prior legislation ...

For several years, we’ve been reporting on and tracking several pending eminent domain matters involving public agencies attempting to take-over and operate public utilities (referred to as “municipalization”).  When two different California Courts of Appeal issued conflicting decisions on the standard of review that should be applied in such take-overs, the California Supreme Court finally decided to chime in.  On August 24, 2026, the Supreme Court in Town of Apple Valley v. Apple Valley Ranchos Water issued its decision and came down unequivocally in favor of ...