California Eminent Domain Project News: CHSRA Gives Thumbs Up on Fresno-Bakersfield Track

Posted & filed under California Eminent Domain Project News.

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

Posted & filed under In the News, Just Compensation, The Eminent Domain Process.

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

Posted & filed under California Eminent Domain Project News, In the News, Uncategorized.

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

Posted & filed under California Eminent Domain Project News.

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 »

Eminent domain battle resurfaces in Assembly: San Jose CA Mercury News, 7/1/07

Posted & filed under In the News.

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

Posted & filed under In the News.

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 »