In California, when a government entity adopts a resolution of necessity to acquire property by eminent domain, that resolution typically “conclusively” establishes the requisite findings of public use and necessity. However, when the government is seeking to condemn a public utility to take over its operations, that conclusive presumption disappears. There has been an ongoing dispute about what standard of review applies in such take-over cases, and the California Court of Appeal recently provided guidance. …
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.
Stay Connected
RSS Feed
Categories
- Administration
- Appraisal
- Arizona
- California
- CLIMATE CHANGE
- CONGRESS
- Construction
- Court Decisions
- Energy & Utilities
- Environmental Law
- EPA
- Events
- FAQs
- Goodwill
- GOVERNMENT ADMINISTRATION
- Inverse Condemnation & Regulatory Takings
- Land Use Planning
- Lawsuit
- Nevada
- New Legislation
- Possession
- Projects
- Public Agency Law
- Public Policy
- Publications
- Real Estate and Property Rights
- Redevelopment
- Regulatory Reform and Proposed Rules
- Right to Take
- Right-of-Way
- Seminars
- Speaking Engagements and Presentations
- Texas
- trial
- Valuation
- Videos
- Washington State
- Water
- Wildfire Management
