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Who should attend Inverse Condemnation Law
This one-day seminar is designed for attorneys, engineers, appraisers, real estate professionals, executives of development companies, right of way agents, property owners and managers, project managers, surveyors, city officials, planners, developers, zoning board members, architects and land specialists.
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Inverse Condemnation Law  

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This one-day seminar is designed for attorneys, engineers, appraisers, real estate professionals, executives of development companies, right of way agents, property owners and managers, project managers, surveyors, city officials, planners, developers, zoning board members, architects and land specialists.

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Seminar Summary:

This seminar will cover such topics as procedural traps and pitfalls, recovery of litigation expenses, discovery, general damages vs. special damages, jury instructions, and much more. (see full course description)

 
 

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Training Course Syllabus:


If you own or develop property or have a client who owns or develops property and that property has been damaged because of some action or inaction by a governmental agency in the State of California, e.g., State, county, city, mosquito abatement district, etc., you should be familiar with the law of Inverse Condemnation or at least recognize when there might be liability on the part of the governmental agency for the damage. This right of recovery for damages is a creature of the Constitution (federal and state) and is not based on statute. It has developed through a process of judicial decisions that are often confusing and inconsistent. The issues become even more complex when other fields of law are brought into play to expand the right of recovery based on tort, nuisance and contract. While inverse condemnation is usually thought of as the twin of eminent domain, important distinctions exist beyond the designation of the parties as plaintiff and defendant. Liability of a governmental agency can exist where there has been, for example, earth movement, landslides, sewer overflows, surface water damage, noxious odors, vibrations, noise, dust and fumes, over-flights, precondemnation delay, dedications and exactions and more. This program will help you recognize, prepare and try an inverse condemnation action to a successful conclusion either as a property owner's attorney or a governmental agency's attorney. Owners and developers of property will benefit as well in that they will be able to recognize whether they might have a lawsuit against a governmental agency.

This presentation is focused on physical takings by governmental agencies. The attendee should be mindful that there is a large body of law dealing with Regulatory Takings. While land use regulation and the police power will be discussed, the discussion is incidental to what constitutes primarily a physical taking or damaging of property or property rights.

Seminar highlights:

  • Actual case studies
  • Examples of inverse condemnation
  • Procedural traps and pitfalls
  • Pleading tips: choosing the best causes of action
  • Employment of experts on liability and damages
  • Recovery of litigation expenses
  • Defenses
  • Valuation methodology: Evidence Code limitations
  • Discovery
  • General damages vs. special damages
  • Jury Instructions

Learning objectives:

  • The attendee will be able to discuss theories of liability in inverse condemnation.
  • The attendee will be able to identify trial tactics.
  • The attendee will be able to review pretrial preparation.

9:00 a.m. - 9:30 a.m.

I. Historical Overview

9:30 a.m. - 10:45 a.m.

II. Theories Of Liability In Inverse Condemnation And Other Related Causes Of Action

10:45 a.m. - 11:00 a.m.

Break

11:00 a.m. - 12:15 p.m.

III. Defenses To Inverse Condemnation And Related Causes Of Action

12:15 p.m. - 1:15 p.m.

Lunch (On Your Own)

1:15 p.m. - 2:15 p.m.

IV. Pretrial Preparation, Discovery, Mediation/Arbitration, Settlement Aspects, Expert Preparation

2:15 p.m. - 3:00 p.m.

V. Appraisal Methodology, Measure Of Compensation, Date Of Valuation

3:00 p.m. - 3:15 p.m.

Break

3:15 p.m. - 4:15 p.m.

VI. Trial Tactics, Burden Of Proof, Evidentiary Considerations, Jury Instructions

4:15 p.m. - 4:30 p.m.

VII. Question And Answer Discussion

Seminar Summary:

This seminar will cover such topics as procedural traps and pitfalls, recovery of litigation expenses, discovery, general damages vs. special damages, jury instructions, and much more. (see full course description)

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