Tag: Inverse Condemnation

Inverse Condemnation Liability Does Not Extend to Failure to Prevent Actions of Another Party

Bradford Kuhn | Nossaman 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… Continue reading Inverse Condemnation Liability Does Not Extend to Failure to Prevent Actions of Another Party

California Clarifies Basis for Inverse Condemnation Claims

Lian Skaf | White and Williams Inverse condemnation is a legal theory that is not common in the subrogation industry. However, when dealing with a loss where property damage is the result of action by a public entity, it is a claim that may be available. While there are distinct considerations with raising an inverse… Continue reading California Clarifies Basis for Inverse Condemnation Claims

Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance

Marisa Miller, John Yacoelle and Kazim Naqvi | Construction & Infrastructure Law Blog On June 10, 2023, a jury in Portland, Oregon found PacifiCorp and Pacific Power (collectively, “PacifiCorp”) liable for negligence, trespass, and nuisance based on a series of four wildfires that occurred during Labor Day weekend in 2020. PacifiCorp prevailed against the plaintiffs… Continue reading Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance

An Inverse Condemnation Claim Arising From A Public Project’s General Construction Activities Requires A Unique, Peculiar, And Substantial Impact To Property

Jillian Friess Leivas | Nossaman When public projects are being constructed, surrounding property owners typically experience construction impacts, such as noise, dust, fumes, vibration, and road detours. Typically, absent a physical taking of property, those construction impacts are not compensable under an inverse condemnation claim unless the property owner experiences a direct, substantial, and peculiar… Continue reading An Inverse Condemnation Claim Arising From A Public Project’s General Construction Activities Requires A Unique, Peculiar, And Substantial Impact To Property

Although Many Policies Exclude Sewer Line Backups from Coverage, What Is A Government Entity’s Liability Under Inverse Condemnation?

Derek Chalken | Property Insurance Coverage Law Blog | October 7, 2019 Most homeowners are surprised to learn that almost all homeowners’ policies include exclusions for damage caused by sewage water originating outside their home. For example, if your city or county’s sewer main line backs up because of tree roots or debris and the… Continue reading Although Many Policies Exclude Sewer Line Backups from Coverage, What Is A Government Entity’s Liability Under Inverse Condemnation?