Eminent Domain Report

Acquiring property for public projects typically does not occur until after the project has received environmental approval. In California, complying with the California Environmental Quality Act (CEQA) can sometimes take years, thereby significantly delaying the right-of-way acquisition process, holding up the delivery of public infrastructure projects. With the legislature recently enacting CEQA reform, will this expedite the timing for property acquisitions and eminent domain proceedings? Maybe, depending on the project. … 

On June 24, 2025, the California Court of Appeal heard argument in Sheetz v. County of El Dorado. You may recall that the California Court of Appeal previously held that legislatively enacted development impact fees are exempt from Nollan/Dolan scrutiny, consistent with what was at the time longstanding California Supreme Court precedent. In 2024, however, the U.S. Supreme Court held that legislatively imposed exactions are not exempt from the essential nexus test established in Nollan v. California Coastal Commission (1987) 483 U.S. 825 or the rough proportionality test in ...

For the third year in a row, our attorneys have outlined key trends and issues shaping the water landscape in Nossaman’s California Water Views – 2025 Outlook. Topics range from the effects of climate change on water availability and infrastructure to critical updates in legislative and regulatory frameworks. The publication not only provides insight into developments at the state level but also addresses how decisions from Sacramento, Washington, DC and across the U.S. are influencing California’s water sector. … 

Every condemnation case in Texas must go through an administrative phase in which disinterested real property owners (who live in the county where the suit is filed) are appointed as Special Commissioners to assess the market value of the property being condemned and damages, if any, to the remainder property and render an Award on compensation after hearing testimony and evidence from both sides at a Special Commissioners Hearing. … 

Can a public entity be held liable for inverse condemnation when it fails to prevent another party from causing damage to private property? This one is pretty simple: the answer is no. 

In Youngsma v. City of Cypress, homeowners sued the City for inverse condemnation and public nuisance because the construction of a vehicle maintenance and repair facility on property near their homes caused significant damage. The homeowners claimed that a school district owned the property in question, and the City failed to hold any public hearings or approve of the proposed repair facility. The ...

We previously reported on the recent California Court of Appeal district split as to what standard of review should apply in utility takeover condemnation cases as it pertains to more necessary public use challenges, and specifically whether courts are to exercise independent judgment or whether a public agency’s determination is subject to substantial deference. This district split stems from the 2024 South San Joaquin Irrigation District v. PG&E case (holding that courts should exercise independent judgment) and the 2025 Town of Apple Valley v. Apple Valley Ranchos Water case (holding that courts should give deference to a public agency’s findings). … 

The Fifth Amendment to the U.S. Constitution states, in part, “nor shall private property be taken for public use, without just compensation.” The federal Endangered Species Act deals with a different type of “taking.” Section 9 of the Endangered Species Act generally prohibits any person from “taking” any species of fish or wildlife listed as endangered. 16 U.S.C § 1538. This is a general prohibition, because if a project involves a federal permit or approval, a federal resource agency can prepare a biological opinion under Section 7 of the Endangered Species Act and ...

In California, the primary governing structure for condemnation suits is set forth within Title 7 of the California Code of Civil Procedure (CCP 1230.010, et. seq.), otherwise known as the Eminent Domain Act, which was enacted in 1975. In 2006, a few modest updates were made, including the addition of an appraisal reimbursement provision that requires a public entity to pay the reasonable costs, not to exceed $5,000, for a property owner facing condemnation to secure its own appraisal. Now, about twenty years later in 2025, new legislation, AB 1033, has been introduced to the ...

Join us in April for Nossaman's Eminent Domain Seminars! We will be hosting our Northern California seminar in Berkeley on April 8th and our Southern California seminar in Costa Mesa on April 15th.

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:

• Valuation Methodologies: Covering the income approach, cost approach, cost to cure vs. diminution in value and related valuation approaches;
• Appraiser’s Guide to Expert ...

Please join me and my colleague Liz Klebaner on March 11 as we present “Environmental Considerations for Right of Way Acquisition” during the International Right of Way Association (IRWA) Chapter 67 March Luncheon in Santa Ana. We will discuss how environmental issues factor into the right-of-way acquisition process, including best practices for identifying and tackling pre-acquisition and post-environmental approval issues.

The International Right of Way Association (IRWA) is a global, member-led organization of dedicated professionals within the right of way ...