Eminent Domain and Infrastructure Planning in California’s High Risk Natural Disaster Areas

Brad Kuhn and Jillian Friess Leivas authored the article “Eminent Domain and Infrastructure Planning in California’s High Risk Natural Disaster Areas” (subscription required) for the Daily Journal, California’s leading legal newspaper.

The article begins, “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.”