Eminent Domain Report

As Nossaman’s annual eminent domain seminars are coming up on April 21st and April 28th, we thought it would be a perfect opportunity to do a little refresher on the condemnation process so that attendees are ready to dive in at the upcoming seminars.

What is Eminent Domain?

Eminent domain is the power to take property for “public use” upon paying just compensation. This power is rooted in the Fifth Amendment of the United States Constitution and Article I, Section 19 of the California Constitution.

Who has the Power of Eminent Domain?

In California, traditional public entities ...

With its expansion into Texas, Nossaman is enjoying more opportunities to assist public entities with large and significant public works projects.  These projects will help to shape the infrastructure being developed and integrated throughout the United States.  The recent addition of two partners with vast experience in eminent domain law, particularly as applied in the Lone Star State, will fortify Nossaman’s efforts to assist clients with their projects so that they progress seamlessly from start to finish. …

Join me on January 8, 2024, as I present “Rights Included in Rights-of-Way” during “California Highway and Utility Rights-of-Way,” a webinar hosted by HalfMoon Education. During my presentation, I will discuss the condemnation process, landowner rights, maintenance of rights-of-way, alterations and encroachments and different types of rights-of-way used for highway purposes.

HalfMoon Education is a nonprofit continuing education provider whose mission is to develop and sponsor high-quality, timely and competitively-priced continuing education seminars ...

This past week I had the opportunity to attend the International Right of Way Association’s (IRWA) Region 1 Fall Forum and Symposium in San Diego, California. On Friday, Brad Kuhn and I presented an update on recent federal and state cases impacting takings, land use and development in California.  On Saturday, I was an attendee at the Fall Forum where IRWA professionals throughout Region 1 (California, Nevada, and Arizona) shared updates on the status of the industry in their area. … 

We are excited to partner with Gallagher & Kennedy once again to host Condemnation Summit XXX on October 27, 2023 in Phoenix, AZ! We have developed another outstanding agenda filled with educational and interactive presentations and plenty of time for networking. Join us to hear from subject matter experts as they discuss timely information on industry topics, including:

• Unusual and forgotten condemnation statutes;
• Condominium terminations;
• Technology in the law;
• Eminent domain jury verdicts; and
• Powerline avian protection.

Arizona Supreme Court Justice William Montgomery ...

We are excited to be hosting our Eminent Domain seminars in person once again! Please join us in San Francisco on March 14th or Costa Mesa on March 28th. These complimentary programs will focus on current issues involving right of way, property acquisitions and eminent domain. Key topics to be covered by our panels of leading industry professionals include:

• Inverse Condemnation and Disaster: Exploring the interplay of natural disaster and potential liability to public entities in cases such as fire and flood;
• Environmental Considerations for Right of Way Acquisition: Identifying ...