Land Use,
Constitutional Law
Aug. 27, 2025
Eminent domain and infrastructure planning in California's high-risk natural disaster areas
In California's high-risk disaster areas, public agencies can generally justify using eminent domain to repair, replace, or relocate costly infrastructure to serve the broader public good, but they must also plan proactively to minimize inverse condemnation liability from future natural disasters.
Bradford B. Kuhn
Partner and Chair of the Eminent Domain & Inverse Condemnation Group
Nossaman LLP
Phone: (949) 833-7800
Email: bkuhn@nossaman.com
As seen over the past several years, significant portions of California are at high-risk for a variety of natural disasters. The state faces substantial and catastrophic risks from wildfires, flooding, landslides and coastal erosion. Existing infrastructure within these high-risk areas is susceptible to damage and destruction, which in turn cuts off vital support for communities. Rebuilding or relocating such infrastructure comes at a high price tag, and often eminent domain ...
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