Bradford B. Kuhn

Overview

Brad Kuhn, chair of Nossaman's Eminent Domain & Inverse Condemnation Group, is a nationally-recognized leader in the areas of eminent domain/inverse condemnation, land use/zoning and other property and business disputes. Brad has spent nearly two decades guiding public agencies, utilities and property owners through more than $30 billion of real estate development and infrastructure projects.

An accomplished real estate and business litigation lawyer in California and across the United States, Brad focuses on the transportation, energy/gas, water, land use development and telecommunications sectors. His work has been profiled in numerous publications, including multiple cover features in Right of Way Magazine. He is a sought-after speaker and the author of several treatises on condemnation and real estate valuation.

Both Chambers & Partners and Best Lawyers in America^© recognize Brad for land use, zoning and infrastructure matters, commending his “responsiveness,” “practical, business-minded advice” and “high level of decorum.” He has earned the CRE^® designation by the Counselors of Real Estate^® and serves as Chair of the California (Southern) Chapter, distinguishing him as a leading advisor in complex real property matters.

Some of Brad’s other accolades and recognitions include:

Recognized as one of the “Top 100” lawyers in California by Daily Journal
Identified as a Visionary in Commercial Real Estate by the Los Angeles Times
Recognized by the Recorder as a California Trailblazer, a recognition given to only a “handful of attorneys that are truly agents of change” and have “made significant marks on the practice, policy and technological advancement of their practice”
Selected for inclusion in the legal directory Best Lawyers in America^© in the category of Land Use and Zoning Law
Chosen for individual recognition by Chambers USA for Real Estate: Zoning/Land Use Law
Recognized as the Top Rated Lawyer in Land Use and Zoning by the American Lawyer
Named the Best Land Use/Zoning Attorney in Orange County by Orange County Register
Recognized as the Best Eminent Domain Attorney by US Business News’ Legal Elite
Selected as a Southern California Super Lawyer
Rated AV-Preeminent by Martindale-Hubbell, a rating given to only those attorneys who exhibit the highest level of professional excellence based on a review of their peers

Brad serves as general counsel and sits on the Advisory Board for Mobility 21, and has served as general counsel to the International Right of Way Association (IRWA), where he was elected as President of the Inland Empire Chapter and named as the organization’s “Professional of the Year.”

Experience

PRIVATE REPRESENTATION

24 Hour Fitness. Represented one of the world’s largest fitness chains in negotiating just compensation for the taking of one of its gyms for a new high school. The settlement resulted in an award of more than $23 million, which included loss of business goodwill, furniture, fixtures and equipment (FF&E) and leasehold bonus value, along with relocation reimbursement to substantially expand and improve another nearby gym and obtain additional parking rights. The complex and successful negotiations allowed the client to keep its club open for several years to assist with the transition of members and minimize business losses.

Crystal Geyser. Represented producer of bottled water with respect to the acquisition/condemnation of its water rights, including negotiating valuation issues, purchasing additional water rights and transferring water to the local city for industrial uses. Brad guided a creative and notable resolution that was featured in the New York Times article, "A Battle Over Water Comes to a Sweet End."

Orange County Sanitation District v. BVM. Assisted developer client with land use due diligence and city and coastal entitlements for a marine-oriented residential and commercial mixed-use development. Later, when the sanitation district sought to condemn a portion of the entitled land to expand its sewer pump station and only offered $4 million, Brad represented the client in eminent domain litigation and secured a settlement of $27.5 million.

Orange County Flood Control District v. JRJ Ranch.Represented owner of a 30+ acre parcel in Chino, originally used for dairy farming, but slated for future development, that was partially acquired for a flood inundation easement for the Prado Dam. The District’s original offer was for $9.6 million. Shortly before trial, Brad earned the client a settlement of more than $22.2 million.

Major Telecommunications Provider. Represent client in a wide-range of real estate and major litigation matters, including landlord/tenant and contract disputes, site upgrade and access rights, relocation claims, easement disputes, construction, property damage, unlawful detainer, eminent domain and utility disagreements. Brad served as lead counsel in a lawsuit at both the California trial court and the California Court of Appeal regarding the enforceability of the arbitration provision in client’s consumer cell phone contracts. In a complete victory, the trial court and appeals court upheld client’s terms of use and arbitration requirements; Brad subsequently secured a defense verdict at arbitration on the damages claim.

Jackson Family Wines. Represented one of the top-10 wine producers in the United States with real estate issues related to the proposed development of its Freemark Abbey winery complex and its Vinwood Cellars property. As part of his work, Brad successfully convinced PG&E to relocate several new gas pipelines that would interfere with the client’s proposed developments.

Portola Hotel & Spa v. City of Monterey. Represented one of Monterey’s most recognized hotels located next to Old Fisherman’s Wharf with an inverse condemnation and land use / zoning lawsuit related to the City of Monterey’s $60 million conference center renovation and its attempted changes to surrounding land uses. The matter settled shortly before trial with total monetary consideration and the restoration of significant property rights valued at over $13 million.

Winchester 700 v. Western Riverside County Regional Conservation Authority. Represented owner of a 454-acre property in Riverside County that was sought for conservation purposes. The RCA and the County refused to process the owner’s residential development entitlements, yet they never made an offer to purchase, instead “de facto” conserving the property. Under threat of an inverse condemnation action, Brad assisted the owner in an arbitration which ultimately resulted in a settlement for more than $70 million.

Brookfield Development. Representing client with a variety of real estate issues related to its Altair Project in Temecula which involves the development of a 270-acre parcel west of the Old Town area with a proposed 1,750 new homes.

Penn National Gaming / San Diego Gaming Ventures. Provided client with real estate and land use advice related to the construction of the $400-million Hollywood Casino Jamul project in San Diego. Brad successfully represented the client before the County Planning Commission and defended litigation related to the use of nearby property for construction purposes, which litigation resulted in a judgment in the client’s favor and a substantial award of attorneys’ fees. Brad also negotiated numerous real estate transactions related to the project and off-site improvements and worked with environmental agencies to solve complex real estate-related matters.

Makar Properties v. City of Huntington Beach. Represented developer in connection with a dispute regarding the value of the “Pacific City” beach-front property, which value determined the park-in-lieu fee to be paid as part of its development. The parties were nearly $50 million apart in their valuation figures. Brad represented the client at binding arbitration where the three judge panel awarded a value exactly at the client’s appraisal testimony, which equated to a savings of $20 million in park fees.

Orange County Sanitation District v. Sukut Real Properties. Represented owner of three Fountain Valley office buildings in negotiating sale of property under threat of eminent domain for a settlement approaching $20 million -- millions of dollars above the public agency’s offer.

Los Altos School District v. 201 San Antonio Circle. Represented Mountain View property owner in fending off school district’s efforts to condemn property through various right-to-take challenges and CEQA-challenges. After rejecting the district’s nearly $90 million offer, the successful defense against condemnation allowed the owner to move forward with securing entitlements for a 450-unit mixed-use residential development.

AY Oil. Represented the owner of a gas station in San Diego in an eminent domain action involving the taking of its frontage and temporary closure of its driveways. The agency offered $0 for loss of business goodwill. Brad served as lead trial counsel and secured a significant verdict in favor of the gas station operator, and subsequently secured a large attorneys’ fees award that matched the verdict.

Truxtun Court Partners. Represented commercial property owners in an inverse condemnation action related to the city’s closure of the property’s primary driveway which resulted in a taking of abutter’s rights and a substantial impairment of access. The case settled for $2 million.

Caltrans v. Bayport Imperial Promenade. Represented several restaurants suffering loss of business goodwill as a result of Caltrans’ Imperial Highway grade separation project. At trial, Brad successfully excluded Caltrans’ goodwill appraiser and subsequent to the jury’s verdict, Caltrans settled the case by paying the business’ attorneys’ fees.

Santa Barbara Flood Control & Water Conservation District v. Funk Youth Hostel. Represented property owner in an eminent domain action involving the acquisition of easements for a flood control project. Shortly before trial, Brad successfully convinced the district to partially abandon the broad rights being acquired and secured a judgment from the court awarding substantial attorneys’ fees and litigation expenses.

Construction Matters. Represent developers, general contractors and subcontractors with construction-related disputes, including change orders, construction-delay claims, liquidated damages and other damage issues.

International Right of Way Association (IRWA). Served as general counsel to the 10,000+ professional member organization comprised of global infrastructure real estate practitioners from more than 15 countries around the world.

UTILITY REPRESENTATION

Southern California Edison. Representing Edison with real estate, encroachment dispute, utility relocation, inverse condemnation and right of way acquisition / eminent domain services for multiple electric transmission projects. Brad also provides SCE with strategic advice on wildfire liability, land use and other environmental issues, and is defending SCE in the acquisition of thousands of its facilities for a flood inundation project.

Edison v. Constant. Work included the acquisition of a transmission line easement over a portion of commercial property where the property owner sought compensation of more than $6 million and Brad was able to secure a verdict at trial for Edison’s appraised value of $66,000. The verdict was upheld by the Court of Appeal in a significant decision for public utilities across California and later upheld in federal court.
Edison v. Robinson. Work including securing a first-of-its-kind published appellate decision confirming that public utilities need not adopt resolutions of necessity and are not subject to CEQA unless their projects involve discretionary public agency approvals.

California Water Service Company. Providing client with real property acquisition advice for a variety of water projects. Also advising client with inverse condemnation, landslide liability, utility relocation, franchise rights, easement rights, encroachment disputes and other legislative issues.

Southern California Gas Company. Represent client with property acquisitions and real estate-related issues on several pipeline safety enhancement projects throughout California. Work includes providing strategic advice on Angeles Link, which would be the nation's largest clean, renewable hydrogen energy pipeline system, that could deliver clean, reliable, renewable energy to the Los Angeles region.

California-American Water Company. Guiding client through the acquisition of numerous real estate holdings to assist in providing community water service, along with assisting with a variety of other real estate disputes and transactions.

LS Power. Providing client with real estate and regulatory advice related to the delivery of transmission facilities that will provide stability and reliability within California, including increased electricity import and export capacity which will allow for greater development of renewable energy.

Eastern Municipal Water District. Represent water district with acquisition of property for new water infrastructure projects, including advice on easement and prescriptive rights issues.

PUBLIC AGENCY REPRESENTATION

City of Oakland. Representing the City regarding the relocation of the Oakland A’s and the disposition and development of the 110-acre Coliseum Complex which includes the former Warriors Arena and the A’s stadium.

San Diego Association of Governments (SANDAG). Representing SANDAG on numerous transportation projects throughout the San Diego region, including the LOSSAN Realignment / Del Mar Tunnels Project, the Mid-Coast Corridor Transit Project, the Otay Mesa Port of Entry, Central Mobility Hub / Airport Connectivity, Sorrento to Miramar 2, San Dieguito Double Track, Downtown Bus Stopover / Multi-Use, South Bay BRT, Inland Rail Trails, Sorrento Valley Double Track and numerous bike path projects.

West Coast v. SANDAG. Defended SANDAG against lawsuit challenging the award of a contract for a major public works project and obtained a dismissal of the action after defeating contractor’s request for a preliminary injunction. The first-of-its-kind decision has widespread impacts on public agencies across California, as the court’s decision allows for more bidders and lower proposals on public works projects.

City of Los Angeles / Los Angeles World Airports (LAWA). Advised on real property matters related to a $5 billion program to ease access in and out of LAX airport by developing a consolidated rent-a-car center, an elevated 2.5-mile automated people mover system, intermodal transportation facilities and a joint station connecting to Los Angeles’ rail system.

Sonoma-Marin Area Rail Transit. Representing client in class action-related real estate litigation (over 150+ plaintiffs with multiple lawsuits) concerning the scope of rights and use of an active rail corridor.

Honolulu Authority for Rapid Transportation (HART). Advised client on complex property acquisitions and relocation issues for the Honolulu Rail Transit Project, an $8 billion, 20-mile elevated rail corridor system running from East Kapolei to Ala Moana Center, with stations at 21 key commuter and visitor destinations.

Los Angeles County Metropolitan Transportation Authority. Assisted Metro with acquiring numerous properties for the Purple Line Westside Subway Extension Project, the LAX/Crenshaw Transit Corridor Project and the Rosecrans/Marquardt Grade Separation Project. Also defended client with numerous inverse condemnation and other real property tort claims.

LA MTA v. KBG Associates. Successfully represented client at the Court of Appeal to defeat property owner’s multi-million dollar severance damages claim due to the termination of a license to cross railroad tracks. The decision confirmed eminent domain law regarding the non-compensability of a license, the enforceability of a waiver of the right to just compensation, the scope of the “project influence rule,” and the applicability of the substantial impairment of access test.

Exposition Metro Line Construction Authority. Represented Expo with acquiring properties for the Expo Light Rail Transit Project, a $2+ billion, 15-mile light rail line connecting downtown Los Angeles with Santa Monica.

Expo v. Patchett. Work included the condemnation of the Bergamot Station Art Center in Santa Monica in which Brad was able to secure favorable settlements with all but one business at the property which claimed damages of more than $10 million. Brad served as lead trial attorney, successfully arguing a legal issues motion and motions in limine to exclude the business’ real estate, goodwill and inventory experts which resulted in the case settling for less than 1% of the business’ claims.
Expo v. 9000 Venice Partners. Work included the condemnation of a portion of a retail shopping center in which Brad served as lead trial counsel in a three week jury trial as to a real estate claim by the property’s owner and a goodwill claim by a Wendy’s fast food restaurant. The jury verdict was exactly at Expo’s damages figure as to the real estate and only 5% of the goodwill claim presented by the business. The total verdict was far less than Expo had offered to settle for before trial.

Patriot Rail. Representing one of the leading operators of short line and regional freight railroads and rail services throughout the United States, including on real estate acquisitions and project development issues.

San Bernardino County Transportation Authority. Assisted SBCTA with the acquisition of properties for the Downtown San Bernardino Passenger Rail Project/San Bernardino Transit Center and the Redlands Passenger Rail Project and the sbX E-Street Corridor BRT Project. Brad was able to secure possession of the entire right of way, under budget, on an incredibly ambitious schedule to ensure the project secured necessary FTA funding.

SANBAG v. Luga. Work included the condemnation of a portion of a gas station where the property/business owner was seeking compensation for nearly 10 times SANBAG’s appraised value. On the first day of trial, the court granted SANBAG’s motions in limine and excluded the owner’s appraisers’ damages opinions. The case then resolved for a nominal amount above SANBAG’s appraised value (an amount far less than SANBAG’s previously exchanged final offer of compensation).

United States Postal Service. Advised client on land use, zoning, affordable housing and title issues impacting the eventual sale of a 25-acre property in Aliso Viejo for more than $30 million.

Metro Gold Line Foothill Extension Construction Authority. Advised client on various real property and construction-related issues for the Foothill Gold Line Extension Project, including acquisition of properties for new transit stations throughout Los Angeles County.

Sacramento Area Flood Control Agency. Represented client in successfully negotiating the acquisition of an active rail line in order to construct a critical flood control project. Also providing advice on mitigation-related issues.

County of Amador. Represented client in securing necessary property for an intersection improvement project. Work included addressing complex title issues, including the clearing of a conservation easement. Also successfully represented client in defeating on summary judgment an inverse condemnation lawsuit related to the elimination of access to private property.

City of Alameda. Represented client in litigation concerning the acquisition of a railroad corridor from Union Pacific. Also advising client on other real estate-related disputes, including litigation over the operation of the Corica Park Golf Course and commercial unlawful detainer proceeds.

Peninsula Corridor Joint Powers Board / Caltrain. Representing client in eminent domain action for the Peninsula Corridor Electrification Project, along with advice concerning property rights associated with the redevelopment of the Sequoia Station in Redwood City.

County of Sonoma. Advising client on securing property rights for the Schellville Trail project.

Imperial County Transportation Commission. Represented client in the acquisition of property for the Calexico Border Intermodal project.

Orange County Transportation Authority. Providing OCTA with real estate/condemnation advice for various projects. Work included representation in an eminent domain and inverse condemnation action arising from the Placentia Avenue Grade Separation Project where the property owner and two national retail tenants, Home Depot and Sam’s Club, cumulatively claimed nearly $100 million in damages due to OCTA’s acquisition and the purported impacts on the ability to redevelop the site. The matter was resolved shortly before trial for approximately 3% of the claimed damages.

Los Angeles Unified School District. Represented LAUSD in numerous property acquisitions for school expansion projects. Work included the condemnation of a 24-acre industrial property along the Los Angeles River. The litigation involved issues of contamination, overlapping easements and undocumented encroachments. After defeating the owner’s right-to-take challenge at trial, the matter settled for $50 million, which was more than $25 million less than the owner's appraiser's valuation.

Bradford B. Kuhn

Overview

Experience