California Eminent Domain Report

According to a Turlock Journal article, "TID moves ahead with eminent domain," the Turlock Irrigation District approved the adoption of a resolution of necessity in order to move forward with eminent domain for the Hughson/Grayson 115 kv transmission line project.  

As expected, impacted property owners are not satisfied with the agency's appraised value.  The article reports that residents are in the process of obtaining their own appraisals, and have requested a 30 day extension prior to the commencement of eminent domain proceedings.  (As a public agency, the irrigation district is required to pay up to $5,000 for each of the owners to obtain their own appraisals; the relocation act also requires agencies to allow sufficient time for the parties to negotiate in good faith prior to commencing eminent domain proceedings.)

It sounds like the agency, however, cannot wait any longer, as it intends to start construction of the project in December.  Given the extended time required under California's prejudgment possession procedures, even if the agency files the eminent domain lawsuits tomorrow, it will be difficult to obtain possession -- at least for occupied properties -- this quickly.   

If you're interested in learning more about the resolution of necessity process, the initiation of eminent domain proceedings, or the timeline for agencies to obtain prejudgment possession, feel free to review our Eminent Domain Handbook.