California Supreme Court Sides with Public Agencies on Precondemnation Access Issue

26 Jul 2016 00:00:00 -0800

Best Best & Krieger LLP Partner Kendall MacVey filed an amicus curiae brief with the California Supreme Court in a critical eminent domain case. The Court ruled that numerous statutes grant public entities the authority to enter and engage in official activities on private property, including activities related to precondemnation. The brief supported upholding the right-of-entry statute at issue in the dispute.

The ruling and the brief, filed on behalf of the Riverside County Transportation Commission, stem from Property Reserve, Inc. v. Superior Court, S217738. In a unanimous opinion issued July 21, 2016, the Court upheld the State’s precondemnation right of entry statutes as constitutional, reversing a March 2014 appellate court ruling. The Court’s opinion referred to the Third District Court of Appeal’s ruling as “counterintuitive,” and evades the need for extensive statutory changes in how agencies access properties for necessary inspections and testing prior to commencing eminent domain actions.

The ruling is important to public agencies like RCTC and the California Department of Water Resources, which was seeking access to private properties to conduct environmental and geological studies for a possible water transportation tunnel.

BB&K Attorneys Win $57 Million in Transportation Fee Dispute on Behalf of WRCOG

10 Jun 2014 00:00:00 -0800

*Updated

Best Best & Krieger attorneys Jeffrey V. Dunn and Thomas J. Eastmond won a $43 million trial award on behalf of the Western Riverside Council of Governments in a transportation fee dispute with the City of Beaumont.

An Orange County Superior Court judge found that Beaumont failed to comply with its municipal ordinance requiring Beaumont to collect and remit transportation impact fees to WRCOG. The impact fees are part of the Transportation Uniform Mitigation Fee (TUMF) Program administered by WRCOG. Under the TUMF Program impact fees collected from new development in western Riverside County are remitted to WRCOG and allocated to build new transportation infrastructure to mitigate the impact of development on the regional transportation system.

During the four-week trial, BB&K provided evidence that Beaumont failed to comply with its TUMF obligations and, instead, created both tax and traffic burdens on Beaumont’s own residents. The court found that“ the evidence shows poor local transportation planning and execution.” The court went on to conclude that “[t]he evidence and testimony reveals that city management and staff engaged in a pattern and practice of deception that transcends the typical give-and-take of dispute negotiation. Had this been a typical civil trial I would have found fraud by clear and convincing evidence as against the city.” (*In May 2016, seven former top city officials were charged for misappropriating the funds.)

In addition to the $43 million, WRCOG will be awarded pre-judgment interest of at least $20 million. BB&K attorney Steven DeBaun, who is general counsel to WRCOG, also assisted with the case.

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California Supreme Court Sides with Public Agencies on Precondemnation Access Issue

BB&K Attorneys Win $57 Million in Transportation Fee Dispute on Behalf of WRCOG