Civil Litigation,
California Supreme Court,
California Courts of Appeal
Mar. 12, 2018
Split affects California inverse condemnation practice
This new authority split calls into question the availability of Section 1260.040 legal issue motions, leaving inverse condemnation litigants in limbo.
Jill Casselman
Associate
Office of the U.S. Attorney
Phone: (213) 894-0165
Email: jill.casselman@usdoj.gov
Jill practices complex business and property litigation. She has represented property owners in multiple inverse condemnation proceedings.
For over a decade, it has been settled California law that inverse condemnation litigants may invoke a unique statutory mechanism allowing for early resolution of legal issues affecting compensation, up to and including a determination of liability. This procedure, set forth in Code of Civil Procedure Section 1260.040, can be a critical tool in the inverse practitioner's playbook, spurring quick determinations of key evidentiary disputes and issues, ultimately leading...
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