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Basil "Bill" Shiber

Shareholder, Walnut Creek
Tel: 925.935.9400
Email: basil.shiber@msrlegal.com

Basil "Bill" Shiber

Shareholder, Walnut Creek

Tel: 925.935.9400
Email:

EXPERIENCE
Basil "Bill" Shiber is a trial attorney in the firm’s Walnut Creek office.  He represents clients in disputes and negotiation involving land entitlement and use, secured transactions, commercial leasing, environmental claims including the California Environmental Quality Act (CEQA), renewable energy projects, commercial leasing, community redevelopment, eminent domain/inverse condemnation, title insurance and related areas.

Bill’s clients include property owners, tenants, developers, retailers, financial institutions, title insurers, academic institutions, retailers, utilities, and public agencies. Bill’s practice has given him many opportunities to lecture, contribute to scholarly publications and take leadership roles in professional organizations. He has a Martindale-Hubbell peer rating of AV, the highest possible.

Bill is Chair of the firm’s Eminent Domain Practice Group.

EDUCATION
J.D., Santa Clara University (1989)

B.A., cum laude, University of Colorado (1986)

ASSOCIATIONS

  • Association of Business Trial Lawyers (ABTL), Northern California Chapter
  • International Council of Shopping Centers (ICSC)
  • State Bar of California, Executive Committee of the Real Estate Section – Former Co-Chair/Advisor
  • Urban Land Institute (ULI)
  • Pro-bono counsel – Alameda Development Corporation and Habitat for Humanity

REPORTED DECISIONS

  • Hacienda Ranch Homes v. Superior Court (2011) 198 Cal.App.4th 1122 - Successfully represented co-tenant of commercial property in defending claims based on tax deed irregularity and adverse possession.
  • Sherwin-Williams Company v. City of Emeryville and Emeryville Redevelopment Agency (9th Cir. 2010) 621 F.3d 1251. - Represented landowner in Polanco Act proceeding in which landowner sought contribution from Sherwin-Williams for clean up costs.
  • County of Sacramento v. Superior Court (2009) 180 Cal.App.4th 943. - Defended developer and landowner in connection with land use and CEQA challenges to proposed 400,000 square foot commercial/retail development. CEQA claims dismissed based on failure to timely request hearing.
  • City of Marina v. Board of Trustees of CSU (2003) 109 Cal.App.4th 1179 [Court of Appeal], Supreme Court review (2006) 39 Cal.4th 341 [Supreme Court]. - Represented California State University in writ of mandate action involving land use issues and CEQA approvals relative to the Campus at Monterey Bay. Prevailed on land use consistency issues.
  • City of King City v. Community Bank of Central California (2005) 131 Cal.App.4th 913. - Defended Community Bank of California in action by redevelopment agency to avoid resort to collateral for a multi-million dollar community development loan. Judgment was in favor of client following trial and appeal.
  • Syufy Enterprises v. City of Oakland (2003) 104 Cal.App.4th 858. - Represented theater owner and sublessee in eviction action arising from bankruptcy of master lessee. Successfully challenged summary eviction.
  • People v. One Parcel of Land (1991) 235 Cal.App.3d 579. - Represented building owner in forfeiture action relating to apartment building, resulting in judgment in favor of client following court trial and appeal.

SPEECHES & PRESENTATIONS

  • Bill speaks regularly on subjects relating to land use, leasing, redevelopment and other real property issues, and has published numerous articles in his areas of practice. He is also co-author of the "Community Redevelopment", “Eminent Domain”, and "Inverse Condemnation" chapters of the authoritative Miller & Starr, California Real Estate 3d

PUBLICATIONS

  • “‘No Build’ Condition On Shopping Center Property Is Compensable Regulatory Taking,” Miller Starr Regalia’s The Title & Escrow File blog, August 12, 2015
  • “Don’t Miss This Deadline To File A Regulatory Takings Claim,” Miller Starr Regalia’s The Title & Escrow File blog, July 28, 2015
  • “Five Real Estate Cases to Watch in 2015,” The Registry, January 30, 2015
  • “The Top Ten Real Property Cases of 2014,” California Real Property Journal, Vol. 33, No. 1, 2015
  • “Digging in Over SF Housing Ordinance,” Daily Journal, October 31, 2014
  • “California's Precondemnation Law May Need Correction,” Law360, May 22, 2014
  • “Government Precondemnation Entry and Inspection – A Review of Property Reserve, Inc. v. Superior Court (2014),” Miller Starr Regalia Legal Update, May 14, 2014
  • Chapter 30, “Inverse Condemnation,” Miller & Starr, California Real Estate 3d, Rewritten in 2014
  • “The Top Ten Real Property Cases of 2013,” California Real Property Journal, 32, No. 1, 2014
  • “The Top Ten Real Property Cases of 2012,” California Real Property Journal, Vol. 31, No. 1, Winter 2013
  • “The Top Ten Real Property Cases of 2011,” California Real Property Journal, Vol. 30, No. 1., Winter 2012
  • “A Practical Guide to Securing Surface Rights for Solar Energy Projects,” California Real Property Journal, Vol. 30, No. 2, Summer 2012
  • “Purchase Money Priorities,” CEA News, Vol. 44, No. 3., Summer 2012
  • “California Supreme Court Confirms that Legislature Can Wind Up Redevelopment Agencies,” Miller & Starr, California Real Estate Newsalert, Vol. 22, No. 4, March 2012
  • Chapter 8, “Representing the Owner,” CEB’s California Mechanic’s Liens and Related Construction Remedies, 2012 (Consultant)
  • “California Supreme Court Ruling Winds Up Redevelopment Agencies: Legislative Reform May Be Next,” Miller Starr Regalia Legal Update, December 2011
  • “California Supreme Court Agrees to Hear Redevelopment Challenge: Stays Portions of New Legislation,” Miller Starr Regalia Legal Update, October 2011
  • “Crumbling Edifice: California Redevelopment Agencies Face Uncertain Future,” The Registry, September 2011
  • “Redevelopment Agencies Face Elimination,” Miller Starr Regalia Legal Update, July 2011
  • Chapter 30A, “Eminent Domain,” Miller & Starr, California Real Estate 3d, 2011 (co-author; rewritten and revised)
  • “Dual Representation and Due Process: Maintaining the Line Between Advocate and Advisor in Land Use Proceedings,” California Land Use Law & Policy, Vol. 19, No. 5, February 2010 (consultant)
  • “Continuous Operation Covenants in California,” California Real Property Journal, Vol. 26, No. 4, Winter 2008 (consultant)
  • “The Government Is Always Right:  The Supreme Court Tackles Takings,” California Real Property Journal, Vol. 24, No. 1, Spring 2006
  • “Grafton Partners:  Juries Make A Comeback," CEB Real Property Law Reporter, Vol. 29, No. 1., January 2006
  • “A Takings Trifecta:  The Supreme Court’s Lingle, San Remo and Kelo Decisions,” Miller & Starr, California Real Estate Newsalert, 16, No. 1, September 2005
  • “SLAPP Happy:  An Analysis of California’s Anti-SLAPP (Strategic Lawsuits Against Public Participation) Statute,” Miller & Starr, California Real Estate Newsalert, Vol. 15, No. 2, November 2004
  • “Courts Conflict on Requiring Public Use to Support Taking,” San Francisco Daily Journal, September 1, 2004
  • Chapter 30B, “Community Redevelopment,” Miller & Starr, California Real Estate 3d, 2004 (co-author)
  • “Competing for Control,” Urban Land, October 2003
  • “Take This!  A Road Map Through a Regulatory Takings Claim,” California Real Property Journal, Volume 21, No. 4., Fall 2003
  • “Illusory Interest - No Recovery in Condemnation for the Taking of a Pipe Dream,” San Francisco Daily Journal, January 6, 1999
  • “Priority Matters,” Los Angeles Lawyer, Volume 21, No. 1., March 1998
  • Chapter 9, “Lien Protections,” CEB’s California Mortgages, Deeds of Trust, and Foreclosure Litigation Practice Guide, 1997

AWARDS & RECOGNITION

  • Martindale-Hubbell – AV Preeminent Rated (2006 – 2015)
  • Super Lawyers Northern California (2012 - 2015)

INTERESTS
Bill is on the board of the Alameda Soccer Club and the Jack London Youth Soccer Sports League, which serves over 7,000 youth in the East Bay.