Brad Kuhn, Chair of Eminent Domain Practice, Quoted In Los Angeles Business Journal

06.30.2016
National Law Journal

Brad Kuhn, the Chair of Nossaman's Eminent Doman and Valuation Practice, was quoted in the Los Angeles Business Journal on the recent settlement  reached between the Exposition Metro Line Construction Authority and the City of Santa Monica regarding the land at the Expo Line's terminus. The property was the focus of a lawsuit filed by the Authority, which oversaw the Expo Line's construction.  The matter was unique given the Authority's position that since the property was subject to use restriction--the purchase agreement specified it could be used in conjunction with a public transportation project--the land's value was lessened in the real estate market. "For purposes of an eminent domain valuation, the City of Santa Monica couldn’t go out and sell it on the open market because of the use restriction," said Mr. Kuhn. He also predicted that this matter would impact transit authorities' decisions going forward. "One lesson learned is that if agencies are going to start doing these long-term project plans, they need to clearly document what is going to happen when the project finally comes to fruition."

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