On behalf of Peterson Law Group Professional Corporation posted in Inverse Condemnation on Monday, August 6, 2018. PG&E was responsible for sparking at least some of the 2017 wildfires in Northern California, according to preliminary results from the California Department of Forestry and Fire Protection (Cal Fire). If the fires can be tied to the utility's actions, inaction or equipment, PG&E could be held…Read More
Under California law, utilities like PG&E and Southern California Edison are legally responsible for damage caused by their equipment even when there is no showing of negligence. This is called "inverse condemnation." The idea is that when government entities or utilities cause major damage to private property, their actions are in essence a taking of that property. Property takings are…Read More
Eminent domain is a complicated legal concept that provokes many questions from property owners.We thought we would take some time in this blog to discuss the most basic questions people have when they have been approached by a local government entity about the required sale of their property. What Is Eminent Domain? The government has the power to buy private…Read More
Earlier this month, Governor Jerry Brown announced the creation of a special committee to reassess state policy on financial responsibility for wildfires. Under current law, utilities like PG&E and California Edison can be held liable for wildfires sparked by their equipment even if they're not found negligent. This is called "inverse condemnation," and it's a big issue for the utilities.…Read More
Like all coastal beaches in California, picturesque Martins Beach is public. That is because California's Coastal Act holds that all of California's coasts are a public resource. Unfortunately, accessing Martins Beach requires using a private road. That didn't used to be a problem. Until 2008, the road's owners didn't object to the public using the road to reach the beach,…Read More
Pacific Gas & Electric Corp (PG&E) recently released an estimate of its expected losses from last year's Northern California wildfires. In a filing with the Securities and Exchange Commission, PG&E said it planned to take a $2.5-billion charge against its profits for the quarter ending June 30. However, the utility admitted that charge represented the low end of the reasonable…Read More
The San Diego Association of Governments (SANDAG) has been pursuing the possibility of taking a downtown city block through eminent domain in order to replace its current, rented, headquarters. Although building a new tower could cost over $112 million, the idea offers two advantages. First, compared with renting space, owning its headquarters could save SANDAG about $26 million over 40…Read More
Officials from the California Department of Forestry and Fire Protection (Cal Fire) recently released a report tying Pacific Gas and Electric to 12 Northern California fires last fall. Those fires resulted in the deaths of 18 people and caused billions of dollars in damage. Many of them were reportedly sparked when trees or tree parts fell onto PG&E lines, or…Read More
At a recent city council meeting in Palo Alto, residents learned that all 10 of the alternatives for a major rail redesign could potentially involve properties being taken by eminent domain. More than two dozen people addressed the council, many of them concerned that the project could result in their properties being taken by the city. Others expressed concerns that…Read More
California utilities PG&E Corp. and Edison International have been fighting in the courts to avoid liability for damage from last year's wildfires, which were the most destructive in history. Although it has not yet been determined that the utilities were responsible for starting any of the fires, they have been seeking a court ruling that they can't be held liable…Read More
