Real Estate/Development
May 18, 2010
Buyer Beware: Improper Sale Documentation Results In Waiver of Inverse Condemnation Claim
Rick Rayl and Bradford Kuhn of Nossaman examine a recent case where the government essentially got a "free pass" for taking private property.
By Rick E. Rayl and Bradford B. Kuhn
If a party purchases property impacted by a governmental taking, and the purchase price already reflects the damages suffered by the taking, can the purchasing party still pursue the government for damages? The California Court of Appeal chimed in on the issue last week in Ridgewater Associates LLC v. Dublin San Ramon Services District 2010 DJDAR 6841. The court held that a property owner cannot recover for inve...
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