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California Eminent Domain Report "…nor shall private property be taken for public use, without just compensation."

Monthly Archives: September 2010

Next Phase of Edison’s Tehachapi Transmission Project to Commence Construction

Posted in Projects

In May, we reported on the City of Chino Hills’ efforts to stop a portion of Southern California Edison’s Tehachapi Transmission Project.  The project involves 175 miles of transmission line right of way designed to serve wind farm development in the Tehachapi area.  Much of the right of way for the transmission lines runs through remote, undeveloped areas.  Though… Continue Reading

Fate of Eminent Domain Bill to Be Decided Tomorrow

Posted in Redevelopment

Proposed changes to California’s redevelopment law have been quietly making their way through the California legislature.  With little publicity, AB 2531, authored by Assemblyman Felipe Fuentes, made its way through the process this summer.  After a series of amendments, AB 2531 was passed by California’s Senate on August 12 by a vote of 22-13.  On August 27,… Continue Reading

Imperial Beach Continues With Eminent Domain for Miracle Shopping Center

Posted in Redevelopment

We’ve previously reported on the City of Imperial Beach’s use of eminent domain to displace tenants in the Miracle Shopping Center.  According to a recent  San Diego Union Tribune article, "Eminent domain to begin soon against IB merchant," the City is continuing down that path — this time with the business South Bay Drugs.  The owner has operated… Continue Reading

City of Fontana Considering Eminent Domain for Bridge Project

Posted in Projects

The City of Fontana will meet tonight to consider adopting a resolution of necessity to acquire property for the Citrus Avenue Interchange project.  According to a September 21 article in the The Sun, "Citrus Avenue interchange on Fontana City Council agenda," the City is anticipating that the majority of the funding for the $57.5 million… Continue Reading

Stanislaus County Considering Eminent Domain for Highway 99/Kiernan Ave. Interchange

Posted in Projects

According to a Modesto Bee article, "Stanislaus County Board of Supervisors Watch," Stanislaus County will vote tonight on whether to utilize the County’s power of eminent domain, if necessary, to acquire property necessary for the Kiernan Avenue / Highway 99 interchange project.  The County apparently believes it can secure the necessary property much quicker than state transportation… Continue Reading

Talk of Eminent Domain in West Oakland

Posted in Redevelopment

According to a Bay Area Biz Talk blog post for the San Francisco Business Times, "Talk of Eminent Domain Stirs Fears in West Oakland," the City of Oakland is contemplating reinstituting its redevelopment agency’s power of eminent domain in order to acquire a site for a new Foods Co. (Kroger) grocery store.   The five-acre site in question is… Continue Reading

San Luis Obispo County Reconsiders Creation of Redevelopment Agency

Posted in Redevelopment

The County of San Luis Obispo is considering a new way to finance infrastructure improvements — the creation of a redevelopment agency.  According to a San Luis Obispo Tribune Article, "Redevelopment agency reconsidered," County supervisors have instructed their planning staff to investigate the pros and cons of instituting such an agency.   County planners noted that… Continue Reading

Reminder of IRWA Chapter 67 Meeting Next Week

Posted in Events

Just a reminder for all you eminent domain and right of way practitioners still mentally on summer hiatus.  IRWA Chapter 67 (Orange County) starts its new year next week.  The September meeting is Tuesday, September 14, at the Holiday Inn, Santa Ana/OC Airport, located at 2726 South Grand Ave., Santa Ana CA 92705. The meeting starts with… Continue Reading

More Eminent Domain Issues Involving Accretion

Posted in Court Decisions

For those who didn’t get enough of littoral property rights, accretion, and avulsion in reading about this summer’s Supreme Court decision in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, there is a new case making its way through the system.  In Maunalua Bay Beach Ohana 28 v. State of Hawaii, the… Continue Reading

President Obama Proposes $50 Billion Transportation Spending Initiative

Posted in Projects

The use of "government stimulus" spending to spur economic growth has been a point of heated political controversy for the past several years.  A proposal outlined by President Obama over the weekend involves spending $50 billion on the nation’s transportation infrastructure, focusing on the aging highway system, rail lines, and airports.  According to a September… Continue Reading