Eminent Domain Report

Many states have enacted eminent domain reform since the U.S. Supreme Court's 2005 decision in Kelo v. City of New London, which broadly defined "public use" to include the government's acquiring property for another private owner to realize an economic benefit (such as increasing tax revenues).  However, as reported by the Institute for Justice in its 50 States Report Card, many of those reform efforts have been insignificant.  And, despite repeated efforts over the last 13 years, Congress has yet to pass legislation limiting the use of eminent domain for truly ...

For years, the College of the Desert has been seeking to acquire the former Palm Springs mall in order to expand its campus to the west valley.  It has been quite a lengthy battle, as the property owner had repeatedly objected to the College's use of eminent domain for the site.  However, last week, the parties finally reached a settlement of the condemnation action, with the College agreeing to pay $22 million for the property -- dramatically more than the $9.6 million the College originally offered to pay.

According to an article in the Desert Sun, the 29-acre property will allow the College ...

When state and local governments impose unreasonable conditions or exactions on private property, owners pursuing a regulatory takings claim often face a maze of procedural obstacles just to have their case heard. I once described these procedural obstacles as resembling Alice's trip through Wonderland, with the parties falling in and out of state and then federal court (instead of a rabbit hole) based on procedural and substantive rules that often seem as logical as the Mad Hatter's recitals at the Tea Party. The reason for this maze stems from (i) a U.S. Supreme Court decision ...

As we’ve seen all too many times in California, when local municipalities delay development approvals -- even improperly -- courts are reluctant to find liability under an inverse condemnation cause of action and award temporary damages. While there have been some successful cases (see Lockaway Storage v. County of Alameda (2013) 216 Cal.App.4th 161), those results are the exception, not the rule.  A recent court of appeal opinion, Mahon v. County of San Mateo 2018 Cal. App. Unpub. LEXIS 1483, provides an example of the uphill battle a property owner faces in successfully ...

As any experienced California eminent domain lawyer knows, there is a unique statutory mechanism that allows parties to bring a legal issues motion to secure a court’s ruling on a litany of issues that impact compensation. This statutory right is set forth in Code of Civil Procedure section 1260.040 and reads as follows:

"(a)          If there is a dispute between plaintiff and defendant over an evidentiary or other legal issue affecting the determination of compensation, either party may move the court for a ruling on the issue.  The motion shall be made not later than 60 days before ...

On Tuesday, March 20, beginning at 11:30 a.m. PT, Chapter One of the International Right of Way Association (IRWA) will be holding a joint luncheon with the Southern California Chapter of the Appraisal Institute at Luminarias Restaurant in Monterey Park, CA. Nossaman’s  Litigation Department Chair and Co-Chair of its Real Estate Practice Group, David Graeler, will serve as the luncheon speaker, providing a presentation entitled Scenarios to Consider Appraising without USPAP. To register, please visit the IRWA Ch. 1 website here.

The International Right of Way Association is a ...

In January, please join Nossaman LLP Eminent Domain & Valuation Partners David Graeler and Rick Rayl at CLE International’s 20th Anniversary Southern California Eminent Domain Conference, taking place at the DoubleTree Downtown, Los Angeles.  Mr. Graeler will present Introduction to the Eminent Domain Playbook Part II (Post-Filing Activities): The Real Rules on Thursday, January 18, at 9:30 a.m. PT, and Mr. Rayl will present "Recent Legal Developments: 2017-2018" on Friday, January 19, at 8:35 a.m. PT.  Additional leaders in this field will provide valuable insight and ...