High-Speed Rail Project Becoming More and More Expensive

Posted & filed under California Eminent Domain Law Blog, California Eminent Domain Project News, In the News, Just Compensation, Retaining an Attorney.

A series of events over the last month has increased the cost of the high-speed rail project. First, the relocation of Highway 99 in Fresno — a key part of the project — is six months behind schedule and, according to Caltrans’ most recent projections, is going to cost an extra $35 million above previous… Read more »

Billionaire Suggests a Land Swap as Just Compensation

Posted & filed under In the News, Just Compensation.

Billionaire Vinod Khosla, co-founder of Sun Microsystems, has been part of a political and legal battle over public access to the coastline for quite some time now. Martins Beach was closed to cars in 2008 when Khosla bought a piece of property and then denied access onto his property. In response, the Surfrider Foundation sued… 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 »

Marin County Rancher Awarded $3.2 Million in Eminent Domain Case

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

A Marin County Rancher has been awarded $3.2 million for property that was seized by the State of California for a Highway 101 expansion in northern Novato. Lorraine Silveira, a 94 year-old rancher, sought $6 million for her land that was seized by the California Department of Transportation using eminent domain. During the proceedings, 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 »

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 »

Pre-Condemnation Entry: Procedure Can Be Unconstitutional, 4/25/14

Posted & filed under In the News, Just Compensation, The Eminent Domain Process.

The Third Appellate District Court of Appeals has ruled that pre-condemnation entry on to the property an agency is seeking to condemn may be unconstitutional. If upheld, it will ultimately create significant obstacles for agencies to overcome in attempts to progress with eminent domain actions. Historically, California law entitled agencies to enter properties “to make… Read more »

Eminent Domain Appeal Denied: Sacramento On Track For Kings’ New Arena, 4/21/14

Posted & filed under In the News, Just Compensation.

After months of deliberation, negotiation and court appearances, the city of Sacramento won its appeal for possession of the former Macy’s building. The last piece of the puzzle completes the needed land for the new $448 million Kings arena scheduled to open in 2016. But the battle for the ex-Macy’s building remains fierce. The City… Read more »