We are pleased to provide the next installment of our video series from Nossaman’s 2019 Eminent Domain Seminars. In this segment, Eminent Domain Partner and Litigation Department Chair David Graeler discusses managing Temporary Construction Easements when there is a project delay.
On June 10, 2014, President Obama signed into law the Water Resources Reform and Development Act of 2014, which, among other things, streamlines the U.S Army Corps of Engineers' infrastructure authorization process, accelerates project delivery, and authorizes federal funding for a variety of projects, including projects in California. Among these California projects is the San Clemente Shoreline project, which includes construction and continuing maintenance of coastal protection measures along the San Clemente shoreline.
Under the proposal that ...
The City of Imperial has taken the first step in pursuing an eminent domain proceeding by adopting a resolution of necessity to acquire a vacant property for its Transit Center Project. As reported by the Imperial Valley Press, the City and the property owner have been negotiating the City's purchase of the property but have reached an impasse.
While the owner concedes the project is needed in the city, he believes his property is "very valuable" and that other locations would be better suited for the Project. The City disagreed and is moving forward with acquiring the ...
On February 27, 2013, the U.S. Court of Appeals for the Federal Circuit affirmed (pdf) the dismissal of a Fifth Amendment takings claim based on the finding that the claim was "not ripe." The claim is unusual because it arose in the context of the federal Endangered Species Act (ESA).
Casitas Municipal Water District (Casitas) has a contract with the federal Bureau of Reclamation and a license with the State of California authorizing it to divert water for the Ventura River Project (Project). The contract with the Bureau of Reclamation states that Casitas ...
Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain. We cover all aspects of eminent domain, including condemnation, inverse condemnation and regulatory takings. We also keep track of current cases, project announcements, budget issues, legislative reform efforts and report on all major eminent domain conferences and seminars in the United States.
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