High-Speed Rail Project Becoming More and More Expensive
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
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
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
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
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
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
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
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 »
Kelo, Landmark Eminent Domain Case: The Aftermath, 4/1/14
Nine years have passed since the controversial 5-4 decision of the United States Supreme Court in the eminent domain case of Kelo v. City of New London. What the advocates for economic development argued, fought for and supported has resulted in a 90 acre vacant wasteland where the homes of 7 small town residents once… Read more »
Rancho Cucamonga Moves Forward with Eminent Domain for New Shelby Place North Road, 7/12/12
By A.J. Hazarabedian The city of Rancho Cucamonga began eminent domain proceedings to acquire a private dirt road from the Viramontez family, as reported by the Daily Bulletin. The city plans on widening the road to 210 feet by 30 feet from Base Line to “connect the already developed Shelby Place, south of Base Line.”… Read more »