California Eminent Domain Report

California continues to move forward with more infrastructure improvement projects.  According to an article in the Daily Republic, Agency starts eminent domain proceedings for I-80/680 project, the Solano Transportation Authority and the California Department of Transportation (Caltrans) are embarking on a $100 million-plus project to improve traffic flow near the Interstates 80 and 680 interchange.  The project includes widening the freeway and constructing new on-ramps at the Green Valley Road interchange.

In order to move forward with project construction, which is scheduled to begin in 2014, the right of way acquisition process is under way.  While settlements have been reached with several owners, the Authority has been unable to reach agreements on eight outstanding parcels.  Therefore, according to the article, the Solano Transportation Authority Board of Directors recently adopted a Resolution of Necessity which authorized the Authority to begin eminent domain proceedings involving eight separate landowners.

One may wonder why eminent domain proceedings are starting now if construction is not scheduled until 2014.  Lately, this early of commencement of condemnation proceedings is not all surprising.  Along with possible funding constraint issues, with the changes in eminent domain law on how long it takes to secure possession through the court system and the hardship battles that may now take place, it is much more common for government agencies to commence condemnation proceedings fairly far in advance of the scheduled construction start date.