California Eminent Domain Project News: CHSRA Updates State Legislature on the Bullet Train Project

Posted & filed under California Eminent Domain Project News.

This week, the California High Speed Rail Authority issued its biannual Project Update Report to the State Legislature.  The report provides a synopsis of the Authority’s funding, environmental review, land acquisition (eminent domain), and construction activities for the California High Speed Rail Project.     Of note, the Authority advises that the Project’s first operating segment… Read more »

California Eminent Domain Project News: California High Speed Rail Settles Lawsuit with Bakersfield

Posted & filed under California Eminent Domain Project News.

Last month, the U.S. Surface Transportation Board held that the California Environmental Quality Act, or CEQA, is pre-empted by federal environmental law relative to the Fresno-Bakersfield route of the proposed high speed rail. STB stated in their opinion that CEQA could delay or eliminate a rail project even after a federal board, such as the… 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 »

California Eminent Domain Project News: CHSRA Gives Thumbs Up on Fresno-Bakersfield Track

Posted & filed under California Eminent Domain Project News.

On May 7, California High Speed Rail Authority (CHSRA) board members voted on the next section of the rail project. The two-part vote resulted in the approval of the 114-mile route from downtown Fresno to the northern outskirts of Bakersfield. The first part of the vote was dedicated to the 20,000 page Environmental Impact Report… Read more »

California Eminent Domain Project News: Senate Committee Rejects Attempts at Another Vote for the California High Speed Rail

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

The ongoing tug-of-war between rail backers and opponents to the project has led to delays in California’s plan to build a high speed rail. Since its voter-back initiative, Proposition 1A, was passed back in 2008, the California High Speed Rail project has encountered numerous bumps in the road. The latest was the appeal denied by… 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 »

California Eminent Domain Project News: Update, CHSRA’s Petition Denied by Appeals Court: Next Stop, Trial

Posted & filed under California Eminent Domain Project News, In the News, Uncategorized.

Late Tuesday, three justices with the Third District Court of Appeals denied the California High Speed Rail Authority’s (CHSRA) petition asking the court to overturn a decision by the Sacramento County Superior Court. The Superior court had ordered a trial on one part of an ongoing lawsuit between Kings County farmer John Tos, Hanford homeowner… Read more »

California Eminent Domain Project News: California Speeds Up on the High-Speed Rail Project

Posted & filed under California Eminent Domain Project News.

Even as the controversial High-Speed Rail project continues to be debated on in the Capitol and challenged in the courts, the California High-Speed Rail Authority (“CHSRA”) is already taking action towards the project. CHSRA has begun to acquire private property to build the foundation for the speed-rail’s tracks. Thousands of properties will be affected by… Read more »

Eminent Domain Will Commence in Tulare County, 2/3/10

Posted & filed under In the News.

By A.J. Hazarabedian As a follow up to our last post, the Tulare County Board of Supervisors have decided to commence eminent domain proceedings against one of four property owners for the Road 108 widening project. Jenna Chandler of the Porterville Recorder wrote, “they voted to acquire a 42 by 960 feet piece of William… Read more »