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2018

Blog Posts in 2018

  • Posted By Allen Semelsberger Kaelin, LLP 21-Dec-2018

    Can Government Regulation Qualify as an Unconstitutional Taking?

    Under the takings clauses of the California and U.S. Constitutions, private landowners have a right to receive just compensation when the government takes their property for public use. But, what type of government actions qualify as a ...
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  • Posted By Allen Semelsberger Kaelin, LLP 14-Dec-2018

    California Rent Control Laws

    Many California cities implement rent control laws to prevent landlords from raising rent above a certain amount. These rent controls intend to help tenants by ensuring that a landowner cannot force a tenant out by arbitrarily increasing their rent ...
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  • Posted By Allen Semelsberger Kaelin, LLP 27-Nov-2018

    Who Is Liable for the Camp Fire?

    The California Camp Fire of 2018 is the deadliest and most destructive wildfire in the state’s history, as well as the deadliest wildfire in the entire United States since 1918. Scorching 153,400 acres of land, including most of the city of ...
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  • Posted By Allen Semelsberger Kaelin, LLP 22-Nov-2018

    Legal Doublets: Why Legal Terms Seem Repetitive

    Part of a lawyer’s job as counselor to the client includes the role of translator. No, this does not mean that an attorney’s qualifications necessarily include multilingual ability. However, a significant portion of legal practice ...
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  • Posted By Allen Semelsberger Kaelin, LLP 26-Oct-2018

    California's Power Outages: Reasonable Precaution or Liability Escapism?

    In the past few years, California has seen its most destructive wildfires in history. Last year, California wildfires burned over 1.3 million acres and were responsible for at least $18 billion in property damage. Defective electrical equipment is ...
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  • Posted By Allen Semelsberger Kaelin, LLP 19-Oct-2018

    What Is Eminent Domain?

    Why Is the Government Suing Me for My Property? If the government is suing you for your property in civil court, then you’re part of an eminent domain action. Eminent domain is a cause of action initiated by a federal, state, and local ...
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  • Posted By Allen Semelsberger Kaelin, LLP 19-Sep-2018

    Understanding the SANDAG Eminent Domain Case

    Eminent domain is the power of the government to convert private property for the sake of public use. Due to the Fifth Amendment, a government agency can only exercise this power if appropriate, or “just,” compensation is provided to the ...
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  • Posted By Allen Semelsberger Kaelin, LLP 4-Sep-2018

    7 Steps to Take After a Pedestrian Accident

    It’s an unfortunate statistic, but California has the highest number of pedestrian fatalities each year. Most of these fatalities are caused by motor vehicle operators who fail to exercise reasonable care while driving, particularly in housing ...
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  • Posted By Allen Semelsberger Kaelin, LLP 16-Aug-2018

    The Trump Administration Targets Fair Housing Protections

    Since its implementation in 1968, the Fair Housing Act has offered many opportunities to minority citizens who want to rent or purchase housing property. Under the provisions of the act, it is illegal to discriminate against potential home owners ...
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  • Posted By Allen Semelsberger Kaelin, LLP 3-Aug-2018

    What Is a Catastrophic Injury?

    The term “catastrophic injury” is used to describe any injury that is so debilitating that it prevents a victim from engaging in gainful employment. Typically, these injuries necessitate long-term medical care, multiple surgeries and ...
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  • Posted By Allen Semelsberger Kaelin, LLP 30-Jul-2018

    The Two Types of Spinal Cord Injuries

    A spinal cord injury can have a devastating and life-altering impact on a person’s life. It often prevents victims from performing day-to-day functions, and deprives them of their ability to earn a living. Such a serious injury can also be ...
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  • Posted By Allen Semelsberger Kaelin, LLP 18-Jul-2018

    3 Real Estate Scams to Avoid

    Purchasing or renting a home can be one of the most exciting and stressful experiences in your life. Unfortunately, when such a large amount of money is involved, you’re likely to attract some questionable characters. Your best defense against ...
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  • Posted By Allen Semelsberger Kaelin, LLP 19-Jun-2018

    Do You Need an Attorney Before an Eminent Domain Case is Filed?

    It is not uncommon for a case that involves the use of eminent domain to never see the inside of a courtroom. Typically, a representative of a government agency or private party will approach a homeowner and make an offer to purchase that property. ...
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  • Posted By Allen Semelsberger Kaelin, LLP 12-Jun-2018

    Reasons Why You Should Never Accept the First Offer in an Eminent Domain Case

    It might seem unfair, but the government has the right to seize your property, if it is necessary for public use, through the power of eminent domain. Of course, they will not simply take it from you without paying for it. The government is required ...
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  • Posted By Allen Semelsberger Kaelin, LLP 28-Mar-2018

    Business Valuation and Goodwill

    When a privately owned property is acquired by the government for a public project or use, the owner of that business can claim compensation for loss of business goodwill. This right also extends to cases of inverse condemnation, involving a ...
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