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

Tag Archives: Right of Way

City of San Clemente Shoreline Project On the Horizon

Posted in Projects

On June 10, 2014, President Obama signed into law the Water Resources Reform and Development Act of 2014, which, among other things, streamlines the U.S Army Corps of Engineers’ infrastructure authorization process, accelerates project delivery, and authorizes federal funding for a variety of projects, including projects in California.  Among these California projects is the San Clemente Shoreline project, which includes construction and continuing maintenance… Continue Reading

FHWA and FTA Issue New Guidance On MAP-21 Exclusions

Posted in Projects

On July 6, 2012 President Obama signed into law MAP-21, which, among other things, contained new National Environmental Policy Act ("NEPA") requirements for the Federal Transit Administration ("FTA") and Federal Highway Administration ("FHWA").  Earlier this month, pursuant to a mandate in MAP-21, FTA and FHWA adopted new regulations governing the implementation of two new categorical exclusions.  The two new categorical exclusions apply to (1)… Continue Reading

BLM Issues Right-of-Way Application Rule In An Effort To Spark Renewable Energy Development

Posted in Articles

As reported earlier today by a number of news outlets (see for example this KCET article by Chris Clarke), the Bureau of Land Management (“BLM”) will be issuing a Final Rule to facilitate right-of-way applications for lands with wind and solar energy development potential. ¬†As explained in the press release issued by the BLM, in… Continue Reading

Upcoming IRWA Meetings — Come See Me!

Posted in Events

For all you Southern California right-of-way folks, the next few weeks have quite a bit in store.  Here’s what’s going on in the local International Right of Way Association (IRWA) Chapters: IRWA Chapter 57 Meeting (2/6/13):  This Wednesday, February 6, IRWA Chapter 57 (Inland Empire) will be hosting its monthly luncheon at the Old Spaghetti Factory in Riverside.  The guest speaker… Continue Reading

FHWA Resources

Posted in Projects

The FHWA recently published a series of useful short videos on its website.  For those of you working on transportation projects involving federal aid, check them out below: Right-of-Way Coordination and Certification Requirements.  Before an agency gets to construct its project, it needs to coordinate and certify the right-of-way.  This video provides an overview of the… Continue Reading

California Court of Appeal Confirms Valuation Method for Private Utilities in Public Rights-of-Way

Posted in Court Decisions

A new published California court of appeal decision may be important for private utility companies with respect to the valuation of their possessory interests in public rights-of-way for property tax assessment purposes.  The case, Charter Communications Properties v. County of San Luis Obispo, provides that when assessing the fair market value of a utility’s possessory… Continue Reading

California Transportation Commission Announces Allocation of $101 Million for 90 Projects

Posted in Projects

Today the California Transportation Commission announced the allocation of $101 million to fund 90 state-wide transportation projects.  The CTC’s updated project allocation list provides a full breakdown of all the projects. In reviewing the project list, there appears to be a big push towards going "green":  many of the projects involve improvements such as tree planting, compressed… Continue Reading

Huntington Beach Mobile Home Park Owner Challenging Eminent Domain

Posted in Projects

According to an article in the Orange County Register, "H.B. mobile home park owner fights city’s property seizure," the owner of Pacific Mobilehome Park is challenging a street-widening project for which the City of Huntington Beach plans acquire eight mobile homes through the use eminent domain.  The street-widening project will widen Atlanta Avenue between Huntington Street and Delaware Street, and… 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

New Court Decision Addresses Eminent Domain Issues

Posted in Court Decisions, Right to Take

The California Court of Appeal issued an interesting unpublished decision yesterday addressing a number of eminent domain issues, ranging from right to take challenges, entitlement to goodwill, severance damages, and jury instructions.  The case, City of San Luis Obispo v. Hanson, garnered enough attention that several third parties filed Amicus briefs with the Court. By way… Continue Reading

Report on IRWA Chapter 67′s Renewable Energy Seminar

Posted in Events

Yesterday, I chaired the International Right of Way Association Chapter 67 (Orange County) spring seminar, focused on the interrelationship between renewable energy, right-of-way acquisitions, and eminent domain.  It was a great success.  For those of you who were in attendance – or for those of you that missed the seminar but would like a recap – all of the speakers were generous… Continue Reading

May 11 IRWA Seminar on Renewable Energy, Eminent Domain Issues

Posted in Events

On May 11, Chapter 67 of the IRWA (Orange County) is hosting a half-day seminar focused on the interrelationship between renewable energy, right-of-way acquisitions, and eminent domain.  If tying renewable energy to eminent domain sounds like a bit of a stretch, you apparently haven’t been following all the recent news about the struggle to entitle and… Continue Reading

San Diego Contemplating Eminent Domain on Behalf of Escondido Developer

Posted in Projects

Government agencies often require developers of large projects to build the necessary infrastructure to accommodate those proposed projects.  Examples include building a new roadway to reach the project, widening an existing roadway due to the project’s adding extra trips to the daily traffic, and installing improvements for utilities and flood control, among other things.  But how do developers acquire… Continue Reading

Tulare County Plans to Condemn Properties to Widen Road 80

Posted in Projects

According to Visalia Times Delta reporter Valerie Gibbons, in her October 20 article "Tulare County now wants 11 more parcels on Road 80," Tulare County is moving forward with condemnation plans for 11 properties in order to widen Road 80: The county has been trying to acquire properties — many of which are in 40- to-60-foot-wide strips,… Continue Reading