Nossaman LLP

Bradford B. Kuhn

Partner

T 949.833.7800
F 949.833.7878
18101 Von Karman Avenue, Suite 1800
Irvine, CA 92612

Brad Kuhn is the Chair of Nossaman's Eminent Domain and Valuation Practice Group.  He has extensive experience representing clients in a wide array of real estate litigation matters, including land use, zoning, landlord/tenant, construction and contractual disputes. 

With an emphasis on eminent domain and inverse condemnation, Mr. Kuhn provides strategic advice to property owners, businesses, and public agencies to creatively resolve complex land acquisition and valuation matters through effective planning and litigation practices.  He has successfully handled some of the largest, multi-million dollar eminent domain and valuation cases in California.

Mr. Kuhn's track record of success has resulted in numerous accolades and recognitions:

  • Named to the Daily Journal's Top 20 Under 40 list, a recognition given to the top 20 lawyers in California that are on the cutting edge of legal issues, and who are making an impact on changing an industry, region or society;
  • Selected as a Top 25 Orange County and Top 100 Southern California Rising Star by Super Lawyers;
  • 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 OC Metro/Orange County Register;
  • Named a Southern California Rising Star by Los Angeles magazine, a designation only given to the top 2.5% of attorneys in California;
  • Chosen for an AV-Preeminent Rating 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; and
  • Named the Professional of the Year by the International Right of Way Association.

Mr. Kuhn's work and accomplishments have also been profiled in numerous publications. Chambers & Partners, the guide to the world's best lawyers, reports that Mr. Kuhn is held in high regard by clients, with feedback such as: "He is one of the most responsive people I've ever worked with," and "He values his clients' technical expertise and is able to use that in formulating a case effectively."

Mr. Kuhn is actively involved in California's transportation industry.  He is the only private attorney serving on the Advisory Board to Mobility 21, where he solves the transportation challenges facing Southern California.  He also serves as President of the Riverside/San Bernardino Chapter of the IRWA, the United States' premier organization for right of way acquisition.  He also participates on the Eminent Domain & Land Use Committee for the Transportation Research Board. 

Given his expertise, Mr. Kuhn is routinely called upon to present on valuation and property acquisition-related topics across the United States. He also regularly writes articles on court decisions and policies impacting eminent domain for the Daily Journal, Law 360, and on the Firm's California Eminent Domain Report blog.

Representative Work

Private Focus
  • Sprint/Nextel Corporation  Representing Sprint/Nextel in numerous real estate litigation matters related to landlord/tenant and breach of contract disputes, real-property tort claims, unlawful detainer actions, and eminent domain proceedings.  Work includes securing summary judgment in Sprint's favor related to the nationwide decommissioning of Nextel cell sites.    
  • T-Mobile  Representing T-Mobile in many litigation matters related to co-location issues, access, coverage and utility service disagreements, landlord/tenant and contract disputes, and eminent domain proceedings.  All matters resolved favorably with T-Mobile remaining on site and/or recovering millions of dollars in compensation.
  • Winchester 700 v. Western Riverside County Regional Conservation Authority  Represented the owner of a 454-acre property in Riverside County that the RCA sought for conservation purposes.  The RCA and the County refused to process the owner's development entitlements, yet they never made an offer to purchase, instead "de facto" conserving the property.  Under threat of an inverse condemnation action, Mr. Kuhn assisted the owner in an arbitration in which the RCA presented appraisal testimony of a value below $26 million.  After completion of the arbitration, the parties reached a settlement for more than $70 million.
  • Makar Properties v. City of Huntington Beach  Represented developer in connection with a dispute regarding the value of Makar's "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.  Mr. Kuhn assisted Makar at binding arbitration where the three judge panel awarded a value exactly at Makar's appraisal testimony, which equated to a savings of $20 million in park fees.
  • Caltrans v. Northridge Properties  Represented Burbank property owner in an eminent domain action filed by Caltrans as part of its I-5 widening project.  Caltrans initially offered $1.8 million for the partial acquisition of the multi-acre property.  The matter settled days before trial for $4.5 million.
  • Caltrans v. Bayport Imperial Promenade  Represented several restaurants suffering loss of goodwill as a result of Caltrans' Imperial Highway grade separation project.  At trial, Mr. Kuhn successfully excluded Caltrans' goodwill appraiser, and subsequent to the jury's verdict, Caltrans settled the case by paying a substantial portion of the business' attorneys' fees.
  • Truxtun Court Partners/Young Represented commercial property owners in an inverse condemnation and writ action related to the city's closure of the property's primary driveway which resulted in a substantial impairment of access.  The case settled for $2 million.
  • Penn National Gaming / San Diego Gaming Ventures  Providing client with real estate and land use advice related to the construction of the new Hollywood Casino Jamul project in San Diego, including representation before the County Planning Commission.
  • Lincoln Center, LLC v. Ross Dress for Less Represented commercial shopping center landlord in a lease dispute with a large, national tenant. Following the filing of an unlawful detainer action, the parties settled just weeks before trial, resulting in a new lease on substantially more favorable terms for the landlord.

Public Agency Focus
Mr. Kuhn has led some of the largest public works projects in California, managing the initial project planning and precondemnation acquisition process all the way through trial and appeal.  He has advised public agency clients on a variety of infrastructure improvements, such as roadways, railroads, grade separations, schools, bike paths, utility transmission lines, bus rapid transit and flood control projects.  His project oversight and coordination ensures projects are kept on schedule and under budget, and his involvement regularly results in property acquisitions at a significant cost savings. 

  • Los Angeles County Metropolitan Transportation Authority  Currently assisting Metro with acquiring numerous properties for the Purple Line Westside Subway Extension Project, a $6+ billion, 9-mile subway extension through Beverly Hills and Westwood. Also assisting with the LAX/Crenshaw Transit Corridor Project, a $2+ billion, 8.5-mile light rail line through the Crenshaw and Inglewood area. 
  • Exposition Metro Line Construction Authority  Currently assisting 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 Mr. Kuhn was able to secure favorable settlements with all but one business at the property which claimed damages of over $10 million.  Mr. Kuhn 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 also included the condemnation of a portion of a retail shopping center in which Mr. Kuhn was able to secure settlements with fourteen of the fifteen businesses on the property, and 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. 
  • San Bernardino County Transportation Commission / SANBAG Assisting client with the acquisition of properties for the Downtown San Bernardino Passenger Rail Project/San Bernardino Transit Center.  Also acquired portions of 150+ properties for the sbX E-Street Corridor BRT Project, a 15.7-mile bus rapid transit line in the Inland Empire.  Mr. Kuhn 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). 
  • San Diego Association of Governments  Currently representing SANDAG with property acquisitions for the Mid-Coast Corridor Transit Project, a $1.7 billion, 11-mile trolley line extension from downtown San Diego to University City.  Also provide condemnation services for the South Bay BRT, the Inland Rail Trails, the Sorrento Valley Double Track, and the Bayshore Bikeway Projects.
  • Southern California Gas Company  Currently representing SoCalGas with right of way acquisition services for several Pipeline Enhancement Safety Plan (PSEP) projects and gas pipeline extensions.
  • Metro Gold Line  Currently providing right of way acquisition advice for the Metro Gold Line Extension Project, including defending inverse condemnation and real-property tort claims.
  • Orange County Transportation Authority  Currently 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 over $25 million less than the owner's appraiser's valuation.

Awards & Honors

 

Named to the Daily Journal's Top 20 Under 40 list for 2015.

Selected as a Top 25 Orange County and Top 100 Southern California Rising Star by Super Lawyers in 2010 - 2015 by Los Angeles magazine.

Chosen for individual recognition for Real Estate: Zoning/Land Use Law in California by Chambers USA, 2015.

Named one of the top five Land Use/Zoning Law attorneys in Orange County in 2012, 2013 and 2014 by OC Metro magazine.

Named a 2013 and 2014 Top Rated Lawyer in Land Use and Zoning by Martindale-Hubbell and American Lawyer Media.

Chosen for a AV-Preeminent Rating by Martindale-Hubbell, a significant rating accomplishment given to only those attorneys who exhibit the highest level of professional excellence based on a review of their peers.

Named the Professional of the Year by the International Right of Way Association (IRWA).

Bio Photo
Bio Photo

Practices

Education

J.D., Chapman University School of Law, magna cum laude; Chapman Law Review Executive Board Member; Mock Trial Board Member

B.S., University of Southern California, cum laude

Admissions

California

Professional Affiliations

Mobility 21, Advisory Board

International Right of Way Association, Chapter 57, President-Elect

Eminent Domain and Land Use Committee Member of the Transportation Research Board

California Wireless Association

Orange County Bar Association

Awards & Honors

 

Named to the Daily Journal's Top 20 Under 40 list for 2015.

Selected as a Top 25 Orange County and Top 100 Southern California Rising Star by Super Lawyers in 2010 - 2015 by Los Angeles magazine.

Chosen for individual recognition for Real Estate: Zoning/Land Use Law in California by Chambers USA, 2015.

Named one of the top five Land Use/Zoning Law attorneys in Orange County in 2012, 2013 and 2014 by OC Metro magazine.

Named a 2013 and 2014 Top Rated Lawyer in Land Use and Zoning by Martindale-Hubbell and American Lawyer Media.

Chosen for a AV-Preeminent Rating by Martindale-Hubbell, a significant rating accomplishment given to only those attorneys who exhibit the highest level of professional excellence based on a review of their peers.

Named the Professional of the Year by the International Right of Way Association (IRWA).

     
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