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 »
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: 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 »
San Jose to pay $2 million to acquire parcel and settle lawsuit; Mercury News, 10/23/09
By John Woolfolk San Jose officials are offering more than $2 million to buy the site of an East Taylor Street drug and alcohol rehabilitation center and settle the owner’s lawsuit accusing the city of unfairly denying its expansion. City officials say the land, about seven-tenths of an acre between East Taylor Street, Highway 101… Read more »
San Jose residents express fears about location of high-speed rail line: Mercury News, 2/26/09
By Stephen Baxter A plan to bring California’s 800-mile, $45 billion high-speed rail project through San Jose left dozens of local residents wondering about the fate of their homes. Rail leaders are proposing to bring the new rail through several San Jose neighborhoods next to the Caltrain line, which would mean adding two sets of… Read more »
Eminent domain battle resurfaces in Assembly: San Jose CA Mercury News, 7/1/07
By Steve Lawrence SACRAMENTO—The debate over how much to restrict government’s use of its eminent domain powers to obtain private property for shopping malls and other developments resumes this week in the state Assembly. The Judiciary Committee will consider rival constitutional amendments on Tuesday, one by Assemblyman Hector De La Torre, D-South Gate, and… Read more »
De La Torre proposes limits on eminent domain for private uses: San Jose CA Mercury News, 5/21/07
By Steve Lawrence, Associated Press California governments would be prohibited from using their eminent domain powers to acquire owner-occupied homes for shopping malls or other private development under legislation proposed Monday by a Democratic lawmaker and backed by a coalition of business, homeowner and environmental groups.The constitutional amendment and an accompanying bill by Assemblyman Hector… Read more »