Marisa Miller, John Yacoelle and Kazim Naqvi | Construction & Infrastructure Law Blog On June 10, 2023, a jury in Portland, Oregon found PacifiCorp and Pacific Power (collectively, “PacifiCorp”) liable for negligence, trespass, and nuisance based on a series of four wildfires that occurred during Labor Day weekend in 2020. PacifiCorp prevailed against the plaintiffs… Continue reading Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance
Tag: Inverse Condemnation
An Inverse Condemnation Claim Arising From A Public Project’s General Construction Activities Requires A Unique, Peculiar, And Substantial Impact To Property
Jillian Friess Leivas | Nossaman When public projects are being constructed, surrounding property owners typically experience construction impacts, such as noise, dust, fumes, vibration, and road detours. Typically, absent a physical taking of property, those construction impacts are not compensable under an inverse condemnation claim unless the property owner experiences a direct, substantial, and peculiar… Continue reading An Inverse Condemnation Claim Arising From A Public Project’s General Construction Activities Requires A Unique, Peculiar, And Substantial Impact To Property
Although Many Policies Exclude Sewer Line Backups from Coverage, What Is A Government Entity’s Liability Under Inverse Condemnation?
Derek Chalken | Property Insurance Coverage Law Blog | October 7, 2019 Most homeowners are surprised to learn that almost all homeowners’ policies include exclusions for damage caused by sewage water originating outside their home. For example, if your city or county’s sewer main line backs up because of tree roots or debris and the… Continue reading Although Many Policies Exclude Sewer Line Backups from Coverage, What Is A Government Entity’s Liability Under Inverse Condemnation?
California Supreme Court Provides Rare Update on Inverse Condemnation Doctrine
Bradford B. Kuhn and Willis Hon | Nossaman | August 16, 2019 On August 15, 2019, the California Supreme Court (“Supreme Court”) issued its first inverse condemnation opinion in more than 22 years in the case City of Oroville v. Superior Court of Butte County, Case No. S243247 (“Opinion”). In this unanimous opinion authored by Justice Cuéllar, the… Continue reading California Supreme Court Provides Rare Update on Inverse Condemnation Doctrine