Eminent Domain Report

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’ rights. Without a firm understanding of this basis, projects may be delayed, costs can quickly rise and risk exposure increases.

Any acquisition has two parts: (1) the pursuit of a negotiated acquisition through the pre-condemnation process and (2) the involuntary condemnation of the ...

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 received as much attention: the Natural Catastrophe Resilience Study. There’s a great article by Travis Ritchie, California Wonders if it is Doing Wildfire Risk All Wrong, that covers this topic. In particular, he notes that utilities in California are vulnerable to wildfire liability ...

In the wake of devastating 2025 wildfires, Senate Bill 254 stands poised to reshape California's wildfire prevention, mitigation and funding strategies. From a groundbreaking $18 billion infusion into the state’s Wildfire Fund to new rights of first refusal for insurance subrogation claims, this legislation could have sweeping implications for utility companies, insurers, and wildfire-affected communities. A host of additional provisions also target transmission infrastructure upgrades, wildfire risk reduction and clean energy innovations.

Stay tuned as we break ...