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 »
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 »
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 »
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 »
Riverside to spend $5 million on Five Points parcels; The Press-Enterprise, 11/17/09
By Alicia Robinson The Riverside City Council voted Tuesday to use eminent domain if necessary to buy parcels the city needs for road improvements at the Five Points intersection. Compensating 15 property owners for land, furniture and equipment is expected to cost almost $5.4 million, but the city may not end up seizing any properties…. Read more »
Devore interchange to be discussed today; The Press-Enterprise, 11/19/09
By Dug Begley Plans to redesign the Interstate 15/Interstate 215 interchange in Devore will get another look Thursday. The interchange, a well-known bottleneck near where traffic enters and exits the Cajon Pass to the High Desert, is part of a $400 million project to widen I-15 and rebuild the ramps linking the two freeways. “The… Read more »