Eminent Domain Report

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 ... 

Despite California’s record high levels of precipitation in 2023, water scarcity remains a pressing issue. Governments have turned to using the power of eminent domain to acquire investor-owned utilities in an effort to improve water service and costs for their communities. This complex process, known as municipalization, contains significant legal hurdles for governments because investor-owned utilities are uniquely empowered to challenge such takeovers.

In Nossaman’s California Water Views – 2024 Outlook, we explore the legal framework of condemnation actions ...

For those of you who missed our recent webinar, "Living on the Edge: Managing Sea Level Rise in California", you can find a recording of the event posted on our website.  My colleagues Ben Rubin and John Erskine provided a great overview of ways to protect existing infrastructure and private property through coastal resiliency, what the models and data are suggesting on the future of sea level rise and the status of pending sea level rise legislation in California. I covered risks and possible solutions for public agencies and property owners, with a focus on how Coastal Commission and ...