Courts have historically denied inverse condemnation claims by property owners against water suppliers where the quality of water or chemicals used allegedly caused corrosion or damage to water pipes. However, under a recent line of cases, that bar to recovery
California Eminent Domain Report
The California Eminent Domain Report, published by Nossaman LLP, focuses on legal issues surrounding eminent domain and property acquisition in California. It covers topics such as conservation easements and their notice requirements, the right-of-way and condemnation processes for utilities, legislative reforms affecting inverse condemnation, and the impact of new state laws on transit-oriented development and housing near transit hubs. The blog also addresses challenges related to property valuation when public infrastructure projects are planned. Its content is geared toward understanding the intersection of public projects, property rights, and regulatory frameworks in California.
Latest from California Eminent Domain Report - Page 4
Governmental Approval of a Private Development Cannot Trigger a Takings Claim
When the government approves a private development that diminishes neighboring property values, can a property owner maintain a takings claim? According to a recent California court decision, the answer is no – governmental approval of a private project cannot trigger…
Bifurcation of Inverse Condemnation Liability Can Be Dispositive of Remaining Tort Claims
When a lawsuit involves both inverse condemnation claims and other tort claims, trial courts often bifurcate the proceedings. A recent unpublished opinion from the Third District Court of Appeal, Rainey v. Nevada Irrigation District, 2026 Cal. App. Unpub. LEXIS 231…
The Anatomy of an Eminent Domain Case in Washington State
In Washington State, when a public agency determines it needs to acquire property for a public project, the agency will work directly with the private property owner to negotiate a purchase price for the property rights needed. However, if the…
Public Agency Cannot Sue for Inverse Condemnation for Its Own Improvements
This seems like common sense, but a public agency cannot pursue an inverse condemnation cause of action for damages suffered from its own public improvements. Yet that is exactly what the County of Santa Cruz recently attempted against another local…
An Eminent Domain Lawyer’s 12 Days of Christmas
On the first day of Christmas my client came to me and asked: “who holds title to the partridge in a pear tree that is within our new proposed right-of-way?” I replied that a partridge is a wild animal and…
Court Reverses Course, Finds Public Use for Skunk Train Expansion
Over the last several years, we’ve been following an eminent domain case playing out in Mendocino County related to the Skunk Train. In 2023, the court concluded that the Skunk Train operator, Mendocino Railway, did not have the right to…
Conservation Easements in California: Does Anyone Notice?
Conservation easements generally preserve land in a predominantly natural or agricultural state. The efforts behind these easements often go unappreciated. The same is true for the notice requirements that correspond with the acquisition of property encumbered by a conservation easement.…
A Refresher on the Right-of-Way and Condemnation Process for Utilities
Public utilities rely on access to private and public land to build and maintain essential infrastructure. Understanding the right-of-way and condemnation process enables utilities to secure land legally, avoid delays and maintain a balance between operational needs and property owners’…
Is Inverse Condemnation Reform On The Table in California?
We recently detailed Senate Bill 254, which overhauls California’s approach to wildfires. In addition to promoting new transmission facilities, replenishing the wildfire fund, streamlining the siting process and exempting underground plans, there was a notable addition that has not…