Eminent Domain Report

Most eminent domain lawyers tend to develop their practices on one side of the aisle. Some primarily represent public agencies and utilities acquiring property. Others primarily represent property owners and businesses facing condemnation. My practice has developed differently. For more than two decades, I have regularly represented both. I have represented public agencies and utilities acquiring property for major infrastructure projects, and I have represented property owners and businesses seeking just compensation when their property is taken or affected by those ...

On September 8, 2026, Nossaman's Jillian Friess Leivas and Phyillis Macharia presented to IRWA Chapter 67 on "A Non-Attorney's Role in Condemnation," a program exploring the important contributions that project team members outside the legal department make to successful eminent domain proceedings.

The presentation emphasized that the most successful projects, those delivered on time and within budget, are achieved when all project stakeholders work collaboratively and maintain open lines of communication throughout the process. Early involvement by right of way ...

Conservation easements are a common tool for protecting agricultural land, open space, wildlife habitat, and other natural resources throughout California. While frequently associated with conservation efforts, conservation easements are fundamentally a property-rights mechanism that allows landowners to limit future development while retaining ownership of their land.

What Is a Conservation Easement?

A conservation easement is a voluntary restriction on the use of real property designed to limit development while keeping the property in private ownership. Property ...

California water providers are one step closer to receiving important statutory protection against inverse condemnation claims arising from catastrophic wildfires. Senate Bill 1153 has passed both houses of the California Legislature and is headed to Governor Newsom. If signed, the legislation would provide important guidance regarding what public water systems can—and cannot—reasonably be expected to do during a wildfire.

For those following California inverse condemnation law, the bill is particularly significant because it builds upon both prior legislation ...

For several years, we’ve been reporting on and tracking several pending eminent domain matters involving public agencies attempting to take-over and operate public utilities (referred to as “municipalization”).  When two different California Courts of Appeal issued conflicting decisions on the standard of review that should be applied in such take-overs, the California Supreme Court finally decided to chime in.  On August 24, 2026, the Supreme Court in Town of Apple Valley v. Apple Valley Ranchos Water issued its decision and came down unequivocally in favor of ... 

Article 1, Section 17 of the Texas Constitution:

“[n]o person’s property shall be taken, damaged, or destroyed for or applied to public use without adequate compensation being made…”

This blog will provide a brief overview of inverse condemnation, what is needed to bring an inverse condemnation claim, applicable statute of limitations, and what remedies are available in Texas.

Before we jump in and discuss inverse condemnation, it is important to understand the foundation of eminent domain and the difference between Statutory and Inverse Condemnation.

What is Eminent ...

We’ve come a long way from the viral “I’m not a cat” court appearance video.  Now, beyond manipulating video appearances with filters, technology allows for the creation of entire legal documents using generative AI.  However, as recent case law highlights, beyond the whimsy generated by the cat video, there are real risks associated with the uninformed or undisciplined use of these tools. 

In Quinteros v. Harbor Distributing (Cal. Ct. App., 1st. App. Dist., June 11, 2026), the First District affirmed sanctions against attorneys who filed a brief with fabricated case ...

Several members of Nossaman’s team presented at the International Right of Way Association Chapter 1 Annual Valuation Seminar held on May 28, 2026, in Montebello, California. The seminar covered a wide range of valuation topics as specifically applied in an eminent domain context.

Nossaman attorney Kevin Day collaborated with CBRE appraiser John Ellis in presenting their topic, “Recognizing the Value of Self-Storage Properties in Eminent Domain.” They discussed the methodologies and nuances of valuing self-storage facilities.

The presentation by David Graeler and ...

In 2024, the Supreme Court upended decades of California precedent when it held that legislatively enacted development impact fees must satisfy the “essential nexus” and “rough proportionality” tests established in Nollan v. California Coastal Commission and Dolan v. City of Tigard, respectively. However, the Supreme Court did not decide whether the legislatively enacted fee program challenged by Sheetz actually failed to comply with Nollan / Dolan. Instead, it remanded that issue back to the California courts so that they could address the issue in the first ...

Two articles in Nossaman’s California Water Views – 2026 Outlook highlight a shifting inverse condemnation liability landscape in California—one that carries important implications for eminent domain professionals, water suppliers, utilities, public agencies and infrastructure owners alike.

Recent case law suggests that inverse condemnation exposure for water suppliers may be expanding in meaningful ways. Courts are increasingly willing to entertain claims where property owners can show they were “singled out” or disproportionately impacted by public ...