California Eminent Domain Report : a blog following condemnation, inverse condemnation, and regulatory takings written by attorneys with Nossaman LLP.

We've previously reported on several cities contemplating the renewal of their redevelopment agencies' powers of eminent domain.  In the cities of San Pablo and Barstow, it appears that public outcry may have derailed those renewal efforts, at least for now.  Here's a brief update:

• We previously reported that the City of San Pablo was contemplating renewing its eminent domain powers for an additional 12 years.  According to a Mercury News article, "San Pablo dumps eminent domain plans," the City has dropped its redevelopment renewal plans after residents turned up with "a racous groundswell of mistrust and resentment of city government that included threats of a recall."  While City officials attempted to demonstrate the accomplishments of the redevelopment agency, such as the development of shopping centers, athletic fields and parks, commercial corridors and new housing developments, the citizens were not buying it.  After a study declared 90-percent of the City blighted, one resident went so far as to describe giving the redevelopment agency the power of eminent domain would be like "having your chicken house guarded by a pack of very hungry wolves."
• We also previously reported that the City of Barstow was deciding whether to reinstate its redevelopment agency's power of eminent domain.  According to a Desert Dispatch article, "Barstow Council deadlocks over eminent domain," the City has been unable to reach a decision, with its council members currently deadlocked on the issue.  Citizens voiced concerns, and complained that their questions regarding redevelopment and blight had not been answered.  So what happens next?  Apparently, no future meeting has been scheduled, as the council remained deadlocked on whether to table the issue indefinitely or whether to bring the item back for discussion at a future meeting.  However, one council member was absent, and his vote will ultimately break the deadlock.  It will be interesting to see how that council member votes, especially if there is strong public opposition.

If nothing else, these examples demonstrate that public opposition can influence government decision-making. 

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Over the past month, we have reported on a number of potential projects involving the use of eminent domain.  For anyone following these projects, here is a quick update:

• On March 19, we reported that the City of San Pablo was contemplating renewing the City's eminent domain powers for an additional 12 years while promising compliance with Proposition 99.  According to a Mercury News article, this week the City postponed reaching a decision on the renewal until at least May 3. 
• On March 24, we reported that the County of San Luis Obispo was contemplating authorizing eminent domain proceedings for the acquisition of property necessary for the Nipomo Willow's Road project.  According to a Santa Maria Times article, this week County officials unanimously adopted a resolution of necessity authorizing the County to acquire three parcels through eminent domain.
• On March 29, we reported that the City of Pasadena was considering the use of eminent domain to acquire the historical YWCA building.  According to a Los Angeles Times article, this week the City approved the use of eminent domain to acquire the building. 

If we've missed anything interesting over the past month, please feel free to let us know and we'll be happy to chime in with our thoughts.

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According to a Contra Costa Times article, "San Pablo tries to quell eminent domain fears with promise to residents," the City of San Pablo has promised residents that it will not use the power of eminent domain to acquire owner-occupied residences for purposes of private development.  The promise is a bit odd, given the fact that  Proposition 99, which Caifornia voters passed in 2008, is intended to prohibit exactly that use of eminent domain.  (We'll leave aside for the moment whether Proposition 99 really does effectively prohibit the taking of residential property for redevleopment.)

The article notes that over 100 individuals showed up at a recent city council meeting to oppose a proposal to renew the redevelopment agency's eminent domain powers for another 12 years.  In an effort to calm the residents' fears, the City took a symbolic step and pledged to sign agreements with any homeowner-in-residence, "promising not to use eminent domain improperly."

Notably, citizens correctly pointed out that the proposal does nothing to protect business owners, and given the fact that more than 90 percent of the City of San Pablo is within a redevelopment area, one can imagine it is difficult for such owners to feel secure.

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