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Split Affects California Inverse Condemnation Practice

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For over a decade, it has been settled California law that inverse condemnation litigants may invoke a unique statutory mechanism allowing for early resolution of legal issues affecting compensation, up to and including a determination of liability. This procedure, set forth in Code of Civil Procedure Section 1260.040, can be a critical tool in the inverse practitioner’s playbook, spurring quick determinations of key evidentiary disputes and issues, ultimately leading to faster case resolution. But following a recent appellate court decision, the availability of this valuable mechanism to inverse litigants is no longer secure.

Reprinted with permission from the Daily Journal.

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