Home Eminent Domain Why Is My Property Referenced In An EIR?

Why Is My Property Referenced In An EIR?

An EIR is a term for an Environmental Impact Report. Public projects need to go through an environmental approval process before the project can be certified. The Environmental Impact Report is provided under a California state law called CEQA, which is the California Environmental Quality Act. CEQA requires an EIR to identify and discuss the environmental impacts that may be caused by a project. In the case of a public project that may lead to the acquisition of properties, the EIR will usually cover many topics required by law, including land use, traffic, circulation, noise, air quality, light, glare, and other conditions. One of the issues that may be addressed in the land use analysis is the displacement of properties necessary for the proposed project; specifically, identification of the properties anticipated to be necessary for the project and what is anticipated to happen to those properties and businesses on those properties.

What Is Inverse Condemnation?

Inverse condemnation is a term that applies to the actions of a government that result in the taking or damaging of private property for a public project, without an offer having been made for that taking or damaging. It puts a property owner in a situation of suing the government to establish that a taking or damaging has occurred and then seeking just compensation for that taking or damaging. It is the opposite of eminent domain in the sense that the government is not making an offer to acquire the property. Instead, the taking or damaging occurred and the property owner has to protect his or her rights. Examples of inverse condemnation include landslides, floods, debris flows, or collapsing or subsiding of buildings caused by some government activity such as roads, road cuts, construction excavation and tunneling, and the like. In inverse condemnation, the property owner is the plaintiff.

My Property Was Damaged By A Slope Failure In California. What Do I Do?

Property damage due to slope failure can happen in a variety of ways. It can come to the property below the slope; it can come to property above the slope. The causes for the slope failure are usually found through a technical analysis requiring attorneys working with experts. The first thing to do would be to assemble a team to start figuring out what caused the failure and who is responsible for it. It makes sense to have a lawyer, who will bring a team of consultants onboard to figure out why there was a failure, so that before you start taking action, you have an understanding of what it is you are trying to take action for. An attorney experienced in landslides and subsidence can assist you in assembling the right team to determine how to go about a solution.

My Neighbor’s Construction Project Caused My Home To Crack. What Do I Do?

A neighbor’s construction project causing a person’s home to crack or to develop cracks is often caused by a loss of adjacent support. It can also be caused by vibration but, ordinarily, in addition to vibration, there is some form of loss of support that would be sufficient to cause the neighbor’s property to start subsiding and then cracking. It often results from a form of subsidence on the damaged property as a result of loss of support from the adjacent property. It makes sense in that situation for the property owner who has been damaged to consult with a landslide and subsidence lawyer, who can then assemble a team to come out and evaluate the cause and the solution.

A Landslide Damaged My Property. Do I Have Rights? Who Is Responsible?

A landslide is a condition where land has moved and come onto someone’s property, potentially damaging it. The landslide could have been triggered too much water on top or a loss of support down below. It can be triggered by a combination of impacts. If earth has moved onto a person’s property, generally speaking, we would expect that the property owner has rights, but it may be difficult to ascertain what those are without consulting a landslide and subsidence lawyer.

It is important to understand the cause because without understanding the cause and the source of the problem, you really do not know who to pursue or how to pursue the problem. Rights probably exist but at the same time, you might have obligations. It is important to understand and talk to your lawyer about this because if it turns out that a landslide was caused by something that the downslope property owner contributed to or the upslope property owner contributed to, your approach may vary. Then, you can start taking protective measures to protect yourself.

A Debris Flow Damaged My Property. What Do I Do?

A debris flow is a situation where there is water mixed with sediment, potentially mixed with boulders, tree stumps, and other solid material that forms a wall of debris that moves in a flow fashion. Unlike a landslide, a debris flow has properties of fluid. It moves differently but it comes from a source and it ends up causing damage to property. How did it get there and who is responsible? Those are questions that a landslide and subsidence attorney can assist you with. Did you contribute to the source of the water? Did you contribute to the loose material that was conveyed further into your property to cause the damage? Are you completely at the mercy of an upslope owner? These are questions that need to be answered, so that you can take appropriate measures to either protect yourself or to pursue those who are responsible.

It is important to understand why and how the debris flow occurred and a landslide and subsidence attorney will be able to help you with that evaluation, as well as with assembling a team of consultants who can understand and explain why this happened and how to achieve the remedies you are entitled to.

For more information on property referenced in an EIR in California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 236-9720 today.

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