In September 2014, the Court of Appeal for the Fourth Appellate District issued a surprising decision, finding that even if an applicant maintains that it is accepting imposed permit conditions "under protest" and expressly asserts that it plans to challenge those conditions in court, it waives any such challenge by building the approved project. (Lynch v. California Coastal Commission (2014) 229 Cal.App.4th 658.) In reaching this conclusion, the majority found that the protest procedure provided in the Mitigation Fee Act was inapplicable because that Act does not ...
Property owners typically have a lot on their minds when they find out that the government is going to be taking their property. For residential owners, they need to worry about where they are going to live with their families once the agency takes possession of their home. For business owners, they have to figure out how to run a business while planning for a forced relocation -- a relocation that may be coming at a terrible time or on a terrifyingly fast schedule.
The owners must also worry about whether they are receiving the right amount of money -- i.e., the "just compensation" the agency ...
The California Transportation Commission met in Riverside on Wednesday. On the agenda was the allocation of $254 million in funding for transportation projects throughout the state. You can read Caltrans' press release here. Caltrans Director Malcolm Dougherty commented:
Investing in our infrastructure benefits Californians for generations to come and these projects will improve mobility for all users of the transportation system, whether they choose to travel by car, take transit or ride a bicycle.
Just under half of the money allocated came from Prop 1B funds. ...
There has been a remarkable movement lately throughout California: local government agencies are attempting to take over investor-owned, quasi-public utility companies in an effort to reduce utility bills to their constituents. A number of electric and water utilities are facing pressure from agencies to sell their assets -- or face having them acquired through eminent domain. Does this make sense?
As just one example, according to one recent article by Garth Stapley in the Modesto Bee, SSJID can boot PG&E from Ripon, Escalon, Manteca, the South San Joaquin Irrigation ...
On November 24, 2014, the Federal Highway Administration (FHWA) published a proposed rule that would amend the regulations governing how Federal grant recipients acquire, manage, and dispose of real property. Thus, the proposed rule, if it becomes final, has the potential to impact the daily operations of transportation agencies all across the United States. Some of the more notable proposed revisions include:
- Broader authority for public agencies to proceed with construction contract bidding when the agency has not acquired all real property interests needed for 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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