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 »
California Eminent Domain Project News: LA Metro Purple Line Extension Project
The extension of the Metro Purple Line has been discussed, studied and planned for years and now the city of Los Angeles has begun construction on the first of three sections of the subway. Metro Purple Line will be extended 9 miles to the west starting at the Wilshire/Western terminus. The project will also be… Read more »
California Eminent Domain Project News: California Speeds Up on the High-Speed Rail Project
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 »
California Town Uses Eminent Domain To Eliminate Private Water Company, 4/10/14
Notwithstanding the public backlash following the U.S. Supreme Court’s ruling in Kelo v. City of New London several years back, government agencies are getting more and more creative with stretching reasons to support exercising eminent domain. The city government of Claremont, California is attempting to take over a private water company using eminent domain and… 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 »
Follow Up: Eminent Domain for Condeming Underwater Mortgages, 6/27/12
By A.J. Hazarabedian In a recent post, we talked about the City of Hesperia voting on whether or not to join a Joint Powers Authority to begin acquiring underwater mortgages by eminent domain in an attempt to help homeowners. Since our post, more information has been revealed providing the logistics to this interesting proposal. A… Read more »