California Eminent Domain Project News: California High Speed Rail Authority’s Funding Dinged Again
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
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
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
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 »
Feds Use Eminent Domain to Acquire Public Street for Supposed “Public Use,” 6/3/14
On April 17, the federal government filed a lawsuit against the state of California and the East Bay Regional Park District to acquire McKay Ave in the city of Alameda through the process of eminent domain. Back in 2008, voters of Alameda passed Measure WW which gave the East Bay Regional Park District authorization to… Read more »
California Eminent Domain Project News: CHSRA Gives Thumbs Up on Fresno-Bakersfield Track
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
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
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
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 »
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 »