Brad Kuhn specializes in real estate and business litigation. He assists property owners, businesses, and public agencies with a wide variety of real estate and business claims, lease disputes, and other land use, environmental and planning issues.
Mr. Kuhn places a particular emphasis on eminent domain, inverse condemnation, and other property and business valuation matters. He regularly resolves complex land acquisition and valuation disputes, and has worked on some of the largest, multi-million dollar eminent domain and valuation cases in California.
Mr. Kuhn has been repeatedly recognized by Los Angeles magazine as a "Southern California Rising Star." He frequently speaks at right of way and valuation industry organizations, such as the International Right of Way Association, the Appraisal Institute, and the American Society of Appraisers. He also regularly comments and writes articles on court decisions, news, events, and policy impacting eminent domain and redevelopment for the Daily Journal and on the Firm's California Eminent Domain Report blog. He is Preeminent AV® rated by Martindale Hubbell, the highest level of professional excellence.
Representative Work
Property Owner Focus
Mr. Kuhn represents a broad-range of property and business owners in Southern California eminent domain and inverse condemnation matters. He has represented (i) large corporations and developers, such as Centex Homes, Anheuser Busch, Sprint/Nextel Corporation, T-Mobile, and First Industrial Realty Trust, (ii) family businesses, such as franchisees of Subway, Kentucky Fried Chicken, and Golden Spoon, and (iii) owners of multi-family, commercial and industrial properties, such apartment complexes, lumber yards, and commercial strip centers.
Winchester 700 v. Western Riverside County Regional Conservation Authority Represented the owner of a 454-acre property in Riverside County that the RCA deemed necessary for conservation as part of its Habitat Conservation Plan. The RCA and the County refused to process Winchester's development entitlements, yet they never made an offer to purchase, instead "de facto" conserving the property. Under threat of an inverse condemnation action, Mr. Kuhn assisted Winchester in an arbitration in which the RCA presented appraisal testimony of a value below $30 million. After completion of the arbitration, the parties reached a settlement by which the RCA paid more than $70 million.
Makar Properties v. City of Huntington Beach Represented developer Makar Properties against the City of Huntington Beach in connection with a dispute regarding the value of Makar's "Pacific City" property. The valuation impacted the park-in-lieu fee Makar was required to pay as part of its development. The parties were nearly $50 million apart in their valuation figures. Mr. Kuhn assisted Makar at binding arbitration where the three judge panel awarded a value exactly at Makar's appraisal testimony. This equated to a $20 million savings in park fees for Makar.
San Diego Gas & Electric v. M&W Acacia Represented the owners and lenders of a vacant 68-acre property in San Diego County being partially acquired by SDG&E for its Sunrise Powerlink transmission line project. Shortly before trial, the matter settled for nearly $1 million, more than two-and-a-half times the initial offer.
Caltrans v. Bayport Imperial Promenade Represented the owners of a Subway, a Golden Spoon, a Kentucky Fried Chicken, and an Italian restaurant suffering business goodwill losses as a result of Caltrans' Imperial Highway grade separation project. After Caltrans made no offer of compensation, two matters settled at mediation for a total of nearly half-a-million dollars, while two matters proceeded to a jury trial. At trial, Mr. Kuhn assisted in successfully excluding Caltrans' goodwill appraiser, and subsequent to the jury's verdict, Caltrans settled the case by paying a substantial portion of the business' attorneys' fees.
The Metropolitan Water District v. First Industrial Realty Trust Represented First Industrial in a condemnation action brought by the MWD to acquire a portion of an entitled parcel owned by First Industrial. Mr. Kuhn assisted in a negotiated settlement with the MWD paying roughly ten times the amount of its initial offer.
Alameda Corridor-East Transportation Authority ("ACE") v. Hartlieb Trust Represented the owner of a commercial property being condemned for a grade separation project. After filing a separate suit for inverse condemnation due to the project's construction greatly exceeding the interests being condemned, the matter ultimately settled with ACE acquiring the entire property for $3.55 million, seven times ACE's initial offer for the partial acquisition.
Public Agency Focus
Mr. Kuhn has worked on some of the largest infrastructure projects in California, playing an active management role from the initial precondemnation acquisition process all the way through trial. He understands the requirements of public project finance and development, and he ensures that his public agency clients obtain prejudgment possession of properties on an expedited basis where right of way clearance becomes a key, critical path item. He has represented public agencies such as the San Bernardino Associated Governments ("SANBAG"), the Orange County Transportation Authority ("OCTA"), the Los Angeles Unified School District ("LAUSD"), the Los Angeles County Metropolitan Transportation Authority, the City of Anaheim, the Alameda Corridor Transportation Authority, and the Riverside County Flood Control District.
SANBAG Currently representing SANBAG with right-of-way acquisition/eminent domain services for portions of 150+ properties for the sbX E-Street Corridor Bus Rapid Transit Project, a 15.7-mile bus rapid transit line designed to shape the future of public transit in the Inland Empire. Also assisting with SANBAG's Downtown San Bernardino Passenger Rail Project.
Los Angeles County Metropolitan Transportation Authority Assisted the agency with acquiring portions of multiple parcels for the Mid-City Exposition Light Rail Transit Project. All matters were resolved through favorable settlements.
Los Angeles Unified School District v. Meruelo Maddux Properties Represented LAUSD in connection with the condemnation of a vacant, 24-acre industrial property for the construction of a new high school. In addition to the condemnation-related issues, the historic use of the property as a rail yard meant that the litigation encompassed issues of contamination, overlapping easements, and undocumented encroachments. After two years of heated litigation, including a court trial on a right-to-take challenge, the matter resolved at a mediation shortly before trial. The settlement, for $50 million, was tens of millions of dollars less than the owner's appraiser's valuation.
City of Anaheim v. Yoder Represented the City in a condemnation action to acquire a portion of property necessary for a road widening project. The matter settled for a nominal value before the exchange of expert reports.