Land Use & Regulatory Takings Seminar: August 19, 2013 4-5 pm EST
A Synopsis of the Speaking Engagement:
Over the past several months, the United States Supreme Court and the California Courts of Appeal have issued several significant regulatory takings opinions addressing the liability of government agencies for enacting regulations or otherwise conditioning proposed developments. Perhaps most notable for California regulatory bodies and takings practitioners is the May decision in Lockaway Storage v. County of Alameda, which resulted in a significant damages award for a temporary regulatory taking.
The plaintiff in Lockaway sued Alameda County after the county reneged on assurances that a voter-approved growth control initiative would prohibit the plaintiff’s planned boat and RV self-storage facility. After a trial court determined that the initiative did not apply to the Lockaway project, the plaintiff continued to pursue its inverse condemnation claim. The trial court and state Court of Appeal, in addition to confirming that the initiative didn’t apply to the plaintiff’s project, also found that the 30-month delay during which Lockaway was prohibited from pursuing the project constituted a temporary taking and entitled plaintiff to compensation.
This one-hour TeleBriefing features some of the foremost regulatory takings and inverse condemnation practitioners in California. Our distinguished panel will discuss Lockaway and other recent developments in takings law and provide a practical overview for property owners and developers on how to navigate through property exactions and regulations that interfere with investment-backed expectations. The panel will also address how government agencies can protect themselves from possible litigation in what is likely to be a period of increased takings claims.
Our Distinguished Panel
Bradford B. Kuhn, partner at Nossaman LLP, specializes in real estate and business litigation, with an emphasis on eminent domain, inverse condemnation, and other valuation and land use matters. He provides strategic advice to property owners, businesses, and public agencies to creatively resolve complex land acquisition and valuation disputes through effective planning and litigation practices. He assists clients with lease and purchase-and-sale agreement disputes, title, easement and boundary issues, unlawful detainer actions, and other land use, environmental and entitlement matters. The American Lawyer & Martindale Hubbell have both recognized Mr. Kuhn as a “2013 Top Rated Lawyer in Land Use and Zoning.” In 2012, OC Metro named Mr. Kuhn as one of the top five Land Use/Zoning Law attorneys in Orange County.
Timothy V. Kassouni, founder of Kassouni Law focuses on land use and property rights law. His legal experience includes complex land use, Constitutional property rights, real estate, and construction litigation in Los Angeles, San Francisco, Orange and Sacramento Counties.
Robert H. Thomas, Director at Damon Key Leong Kupchak Hastert, is a land use and appellate lawyer, and focuses on regulatory takings, eminent domain, water rights, and voting rights cases. He has tried cases and appeals in California, Hawaii, and the federal courts. He is the Hawaii member of Owners’ Counsel of America, a national network of the most experienced eminent domain and property rights lawyers. Membership in OCA is by invitation only, and is limited to a single attorney from each state. Mr. Thomas is listed in Best Lawyers in Eminent Domain and Condemnation Law, and Land Use & Zoning Law, and in Super Lawyers in Appellate Law, Land Use/Zoning, and Government/Cities/Municipalities. His blog on land use, property, and takings law, inversecondemnation.com, is one of the most widely-read on those subjects.