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 »

California Eminent Domain Project News: More Condemnation Approvals: California High Speel Rail Gears Up for More Acquisitions

Posted & filed under California Eminent Domain Project News.

On Wednesday, the State Public Works Board approved approximately 160 parcels between Fresno and Kings Counties for acquisition for the high-speed rail project. The California High Speed Rail Authority (“CHSRA”) requested acquisition of the 160 parcels which, in addition to several hundred other parcels, they believe are necessary for the construction of the rail project…. Read more »

California Eminent Domain Project News: Update Part Two – Court of Appeals Decision Means Big Win for California High Speed Rail Authority

Posted & filed under California Eminent Domain Project News.

Back in April, the California High Speed Rail Authority took a hit when the State Court of Appeals denied its petition to overturn a decision by the Sacramento County Superior Court regarding CHSRA’s alleged noncompliance with the provisions of Prop 1A. On Thursday, ruling on a portion of the Superior Court decision which the Court… Read more »

Claremont to Vote on Possible Eminent Domain Action Against Private Water Company, 7/15/14

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

The City of Claremont is turning to its citizens to ascertain whether or not the city should forcefully take possession of the local privately owned water company, Golden State Water Co. The City Council unanimously voted that a $55 million bond measure will be placed on the November ballot relating to acquisition. As the water… Read more »

California Eminent Domain Project News: CHSRA Adds Palmdale to Burbank Track on Route

Posted & filed under California Eminent Domain Project News.

California High Speed Rail’s recent increase in activity in the Central Valley has caused some rail backers and opponents to voice their dissatisfaction with the “train to nowhere” plan. Both groups have taken the position that starting the high speed bullet train in the Central Valley has no benefit. The dissatisfaction has caused a political… Read more »

California Eminent Domain Project News: Valley GOP Rally House to Put an End to High-Speed Rail

Posted & filed under California Eminent Domain Project News.

The GOP is rallying its troops in an effort to throw the California High Speed Rail project off its tracks. Efforts to do so, however, have been met with the full-blown resistance of the rail backers; they are not giving up their high-speed train without a fight. Valley GOP delegates are deploying a transportation funding… Read more »

California Eminent Domain Project News: California High Speed Rail Authority’s Funding Dinged Again

Posted & filed under California Eminent Domain Project News.

A recently approved transportation bill which has blocked CHSRA’s possibility of getting additional federal funding for the up-coming fiscal year is not the only money crisis facing the rail project. The planned funding by the State for the high-speed rail has been tentatively approved for $250 million beginning in fiscal 2015. This massive sum, however,… Read more »

California Eminent Domain Project News: CHSRA Receives a Record of Decision from Federal Railroad Administration, Fresno-Bakersfield Tracks Approved

Posted & filed under California Eminent Domain Project News.

On Friday the Federal Railroad Administration (FRA) issued a Record of Decision (ROD) for the 114 mile high speed rail track from Fresno to Bakersfield. The DOR reflects the FRA’s adaptation of a preferred alternative to the track which was outlined in the Final Environmental Impact Statement. The FRA chose the alternative track alignment in… Read more »

Richmond, California Has Yet to Exercise Eminent Domain to Seize Underwater Mortgages, 6/30/14

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

While the city of Richmond is the first municipality to approve the concept of using eminent domain to acquire underwater mortgages, the city has yet to actually do so. The City Council has been unable to get the needed 5 out of 7 votes to go through with eminent domain proceedings. Therefore, the city is… Read more »

San Francisco Bay Commission Suing Feds to Stop Eminent Domain Attempts in Alameda County, 6/25/14

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

The San Francisco Bay Conservation and Development Commission is ready for a gruesome battle with the federal General Service Administration over McKay Avenue in the county of Alameda. The Commission’s decision to challenge GSA’s exercise of eminent domain to acquire McKay Avenue was reached during a closed session meeting held on June 5th. After the… Read more »