California Eminent Domain Report

As public agencies continue to expand and build infrastructure throughout California, I've noticed a few recent themes.  First, many projects are supported by federal funds, usually through the Federal Transit Administration (FTA) or the Federal Highway Administration (FHWA).  And second, agencies are becoming more creative in exploring joint development opportunities with the private sector to enhance their projects and the surrounding community.

To the extent you are part of, or work with a public agency, and are involved with a federally funded project involving a potential joint development, you'll be interested to learn that the FTA recently published guidance for agencies interested in pursuing joint development projects within the FTA's framework.  Circular 7050.1 clarifies FTA's policy on joint development and provides guidance on joint-development-related provisions from MAP-21.

For example, the Circular:

• Defines "joint development";

• Explains how joint development projects can qualify for FTA assistance;

• Describes the requirements applicable to the acquisition, use, and disposition of real property previously acquired with FTA assistance; and

• Identifies how FTA processes and reviews joint development proposals.

If you're interested in learning more about joint development within the FTA framework, you can view the Circular here.