Posts from December 2013
Posted in Projects

California's infrastructure received another push in the right direction last week as the California Transportation Commission (CTC) allocated $152 million to 36 projects statewide -- bringing its total transportation funding for 2013 beyond the $3 billion barrier.  

Some highlights of projects receiving funding this year as 2013 winds to a close:

  • Los Angeles received (i) $26 million to improve the Port of Los Angeles, (ii) $20 million to widen the I-5 freeway from the Orange County Line to the I-5/I-605 junction, and (iii) $28 million for the Exposition Light Rail Project ...
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Tags: Projects
Posted in Court Decisions

In the second flooding decision issued by the U.S. Court of Appeals for the Federal Circuit in the past two weeks, the court held that there was no physical taking because the property was never actually flooded and no de facto taking because no federal entity or regulation prohibited the plaintiffs from using their property.  (See Stueve Bros. Farms, LLC v. United States (No. 2013-5021, Dec. 11, 2013).)

In 1941, the U.S. Army Corps of Engineers completed the construction of the Prado Dam on the Santa Ana River near Corona, California.  Because the Army Corps anticipated that operation of ...

Posted in Court Decisions

As you may recall, last December we reported on the U.S. Supreme Court's decision in Arkansas Game and Fish Commission v. United States, in which the Supreme Court held that government-induced flooding of limited duration may be compensable.  (See Supreme Court Holds Temporary Flooding Can Be A Taking.)  The Supreme Court explained that the relevant factors in determining whether a temporary flooding rises to the level of a compensable taking include:  (i) the degree to which the invasion is intended or is a foreseeable result of authorized government action, (ii) the ...

California Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain. We cover all aspects of eminent domain, including condemnation, inverse condemnation and regulatory takings. We also keep track of current cases, project announcements, budget issues, legislative reform efforts and report on all major eminent domain conferences and seminars in the Western United States.

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