Eminent Domain Report

Thanks to all of you who were able to attend Nossaman’s Coastal Law Conference last week.  If you missed the event, I provided an update on sea-level rise, managed retreat, and potential eminent domain / regulatory takings issues in California.  Specifically, I touched on:

• The projected impacts to private property and public infrastructure as a result of sea-level rise
• The general powers and limitations on the Coastal Commission
• Coastal Commission concepts on dealing with sea-level rise, including managed retreat, sea-walls/armoring, and beach replenishment
• Concerns with potential eminent domain, regulatory takings, and precondemnation damages
• Potential defenses under the Public Trust Doctrine and state nuisance laws
• Best practices to minimize liability associated with sea-level rise planning

In addition to my presentation, we also had some great other topics involving sea-level rise / shoreline management options, public access and coastal development permitting, legislative updates and infrastructure funding opportunities, and coastal litigation and case law updates.