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Land Use,
Civil Litigation,
California Supreme Court

Jul. 23, 2020

After inverse condemnation ruling,we’re still not quite done

While a final resolution of the issue in a recent California Supreme Court ruling is long overdue and the court’s recent decision brings needed clarity to condemnation law, the work of the Legislature, the Judicial Council and the Supreme Court is incomplete.

Andrew W. Schwartz

Of Counsel
Shute Mihaly & Weinberger, LLP

Andrew W. Schwartz is of counsel at Shute, Mihaly & Weinberger LLP, and has taught land use law at Stanford's and UC Berkeley's law schools.

The California Supreme Court's recent decision in Weiss v. People ex rel. Department of Transportation, 2020 DJDAR 7352 (July 16, 2020), settled a festering issue of eminent domain law. In Weiss, homeowners sued Caltrans and a local transportation agency for inverse condemnation, claiming that the construction of a ...

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