Bradford Kuhn | Nossaman With the recent rains, an upcoming El Nino winter, and rising high tides, property owners and public agencies in California are experiencing and preparing for property damage associated with floods, mudslides, high tides, and other water intrusion events. When that damage occurs, the next question is typically who is responsible –… Continue reading The Storm’s-A-Comin’ – When Heavy Rains Cause Property Damage: Flooding, Mudslides and Inverse Condemnation
Tag: Inverse Condemnation
Wildfire Inverse Condemnation Liability Limited by California Legislature
Bradford Kuhn | Nossaman We recently reported on the California Legislature’s passage of Senate Bill 1153, noting that the Bill was waiting for Governor Newsom’s approval. That approval has now occurred, and the Bill is official. This is a huge legislative victory for water suppliers in California, as the Bill clarifies that public water systems… Continue reading Wildfire Inverse Condemnation Liability Limited by California Legislature
Project Planning and Acquisition Negotiations Do Not Trigger Inverse Condemnation Liability
Bradford Kuhn | Nossaman Planning and constructing public infrastructure projects takes significant time – sometimes many years. Property owners and businesses who may be impacted are left in a state of limbo, not knowing for sure whether the project will move forward, when it will move forward and what the ultimate impacts will be. This… Continue reading Project Planning and Acquisition Negotiations Do Not Trigger Inverse Condemnation Liability
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