Win For High Speed Rail Proponents: Planning and Funding Will Proceed
A judge has ruled that the new High-Speed Rail proposal does not violate any promises made to the voters who approved the initial proposal and funding and planning can proceed. The ruling for the $64 billion project was announced earlier this month after a group of attorneys and residents from Kings County filed a… Read more »
Change in Direction for California High Speed Rail
After being rumored for several weeks, the California High-Speed Rail Authority (CHSRA) has released a new business plan that will change the direction of the project. When the bullet train opens, it will start service out of the Bay area, not Southern California as had been originally planned. Under the new business plan that was… Read more »
U.S. Supreme Court to Hear Case that Could Affect Future Regulatory Takings Cases
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 »
High-Speed Rail: More Properties Up For Condemnation
This month, the California High-Speed Rail Authority (CHSRA) has pushed forward on building the first stretches of the high-speed rail. Construction has begun on a bridge in downtown Fresno and more properties in the San Joaquin Valley are falling into the crosshairs of the CHSRA. Five resolutions declaring the need to use eminent domain to… 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 »
Bay Area Open Space District Plans Eminent Domain for Scenic Park
After decades of disputes, the Midpeninsula Regional Open Space District (MROSD) in the San Francisco Bay Area is about to play their ace card as they run out of options. In an effort to open to the public the summit of Mount Umunhum, a former Air Force base, the open space agency plans to acquire… 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 »
Central Subway Expansion in San Francisco Could Ruin Condo Plans
Efforts to expand the new Central Subway in San Francisco have been renewed by Supervisor Julie Christensen. She recently announced her efforts to purchase a key site required for the expansion of the subway project. The Central Subway Project seeks to improve public transportation in San Francisco by extending the Muni Metro T Third… Read more »
Kelo Style Redevelopment Revived With Recent Bill Approved by Governor Brown
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 »