A California Bill Just Made Using Eminent Domain Easier

Posted & filed under California Eminent Domain Law Blog, Eminent Domain Law, In the News.

Only four years after signing legislation to dissolve more than 400 redevelopment agencies, Gov. Jerry Brown signed a bill — AB 24942 — that just made it easier for local government to seize homes and small businesses. This recent legislation will move California closer to the old Kelo-style laws that ignited a political firestorm. Redevelopment… Read more »

California Supreme Court Restores Public Agencies’ Ability to Conduct Surveys Without First Filing Eminent Domain

Posted & filed under California Eminent Domain Law Blog, California Eminent Domain Project News, Eminent Domain Law, In the News, The Eminent Domain Process, The Power of Eminent Domain.

On Thursday of last week, the California Supreme Court in the case Property Reserve, Inc. v. Superior Court of San Joaquin County ruled that government officials don’t need to go through a formal eminent domain process before they can survey private property. This decision reverses the ruling made by the Court of Appeal, which concluded… Read more »

U.S. Supreme Court to Hear Case that Could Affect Future Regulatory Takings Cases

Posted & filed under California Eminent Domain Law Blog, Eminent Domain Law, In the News.

The U.S. Supreme Court has agreed to review a regulatory takings case involving the debate of what is the relevant parcel for purposes of determining a regulatory taking. After a ruling by the state of Wisconsin in Murr v. Wisconsin, 359 Wisc. 2d 675 (Wis. App. 2014), rev. denied, 862 N.W.2d 899 (Wis. 2015), Joseph,… Read more »

Agencies’ Right to Access Private Property Without Filing Eminent Domain Action Still in Limbo – But a Little Less So

Posted & filed under California Eminent Domain Law Blog, Eminent Domain Law, In the News, Just Compensation, Statutes and Legislation, The Eminent Domain Process.

A year and a half ago, the California Court of Appeal issued a decision in one of the most significant court cases of the year, at least in the eminent domain world. For decades, California agencies have used California’s right of entry statutes to gain access to private properties to conduct investigations and tests before filing… Read more »

Kelo Style Redevelopment Revived With Recent Bill Approved by Governor Brown

Posted & filed under California Eminent Domain Law Blog, Eminent Domain Law, In the News, Statutes and Legislation, The Power of Eminent Domain, Uncategorized.

Recent legislation passed by the State of California moved the State closer to the return of the old redevelopment agencies and the power of the government to seize private property through the use of eminent domain. Earlier this month the Senate and the Assembly passed Assembly Bill 2, which was approved by Governor Jerry Brown… Read more »

Donald Trump Might Take Your Land?

Posted & filed under California Eminent Domain Law Blog, Eminent Domain Law, In the News, The Power of Eminent Domain.

The road to the 2016 presidential election has been full of twists with outside candidates like Ben Carson and Donald Trump leading the polls for the Republican Party.   As of the time of this posting, Trump is the Republican Party’s frontrunner, and this success is making him a public target. Opponents of Trump are… Read more »

Rebirth of Redevelopment in California: Impairing Private Property Rights or Revitalization?

Posted & filed under Eminent Domain Law, In the News, The Power of Eminent Domain.

In a 63-13 vote, Assembly Bill 2, authored by Assemblyman Luis Alejo, D-Salinas, passed in the California State Assembly last week. The bill allows for so-called “Community Revitalization Investment Authorities” – essentially redevelopment agencies with a different title – to acquire private property through eminent domain and make it available to big developers with the… Read more »

California High Speed Rail Project: Relocation Considerations for Displaced Businesses, Farms and Non-Profits

Posted & filed under Eminent Domain Law, Just Compensation.

The California High Speed Rail project has been slowly, but surely, picking up its pace of property acquisition in the Central Valley. So far, the State Public Works Board has adopted 192 resolutions of necessity declaring the CHSRA’s intent to file eminent domain actions in court to acquire properties.  Last month alone, CHSRA approved resolutions… Read more »

Tug-of-War for Martins Beach Access: Possible Eminent Domain Case

Posted & filed under Eminent Domain Law, In the News, The Power of Eminent Domain.

Conflict between Simi Valley billionaire Vinod Khosla and those seeking public access to Martins Beach will make its way to Gov. Jerry Brown. Last week the state Senate approved Senate Bill 968 which, in essence, requires the State Land Commission to negotiate with Khosla to acquire public access to his private property. Khosla purchased the… Read more »

Proposition 13: Property Tax Roll-Over in Eminent Domain Cases, 8/20/14

Posted & filed under Eminent Domain Law, Just Compensation, The Eminent Domain Process.

In 1978, California’s Proposition 13 created security for home owners by limiting property taxes to one percent of the property’s value with a maximum two percent increase for inflation of the property value in a year. The property tax is reassessed when the property is being sold or if certain improvements on the property increase… Read more »