Transportation Zoning, Planning & Land Use Constitutional Law

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City of Needles may use Eminent Domain for I-40 Connector Project

According to Robin Richard’s article, “Needles May Exercise Eminent Domain to make way for Highway 95 Connector,” the City of Needles is considering adopting Resolutions of Necessity to acquire 14 parcels for its long-planned...more

Eminent Domain Begins for County of Sacramento Road Projects

As traffic continues to increase and roadways become more congested, California’s transportation infrastructure needs to keep up. While there has been a concerted focus on alternative methods of transportation (such as rail,...more

Railroad Commission Chairwoman: “It’s My Job to Give Permits, Not Denton’s”

At a November 6 event, Texas Railroad Commission Chairwoman Christi Craddick unequivocally stated that the Commission would continue to issue drilling permits to operators in Denton, despite the November 4 vote making it the...more

An Update of Flow Control Jurisprudence since United Haulers

Since United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority, 550 U.S. 330, 344 (2007), most courts have upheld local flow control ordinances as constitutional under that holding. ...more

Full Steam Ahead for Eminent Domain Actions after High Speed Rail Authority Negotiations End in Impasse

The State Public Works Board (the “Board”) adopted four Resolutions of Necessity approving the High-Speed Rail Authority’s (the “Authority”) use of eminent domain for public necessity to acquire four parcels in Fresno and...more

Flash Boys and the Transportation Corridor Act

Michael Lewis' new book, Flash Boys concerns high frequency traders using advance notice of a stock purchase to reap extra profits. Fittingly, the North Carolina Supreme Court's decision in Beroth Oil v. NCDOT was published...more

Brandt Revocable Trust v. U.S. – the United States’ theory of land ownership derailed

In Brandt Revocable Trust v. U.S., the United States Supreme Court held that abandoned railway rights-of-way that had been granted to railroad companies under the General Railroad Right-of-Way Act of 1875 left underlying...more

Nebraska Court Stalls Keystone XL Pipeline, Declares Governor’s Approval Unconstitutional

On Wednesday, a Nebraska trial court struck down a state law allowing Governor Dave Heineman’s to approve the proposed route for TransCanada Corp.’s Keystone XL Pipeline. The decision comes just weeks after the State...more

Court Sides With Federal Government Over Santa Monica Airport

As we reported last month, the United States of America and the Federal Aviation Administration had filed a motion to dismiss a lawsuit brought by the City of Santa Monica in federal court seeking to confirm its alleged right...more

Is Your Property Next? California Authorizes Condemnation of Fresno County Property for High Speed Rail Project

The California High-Speed Rail Authority’s (the “Authority”) first request to seize a parcel in Fresno County through eminent domain has been approved by the State Public Works Board (the “SPWB”), the state agency that...more

California Environmental Law and Policy Update - October 28, 2013

Environmental and Policy Focus -- Greenhouse Gas Dispute Dismissed Over Lack of Standing to Sue - CourtHouse News - Oct 17: Environmental groups lack standing to challenge the Washington state Ecology Department's...more

The City of Hayward Ready for an Eminent Domain Battle, Among Others...

In July, the City of Hayward passed several resolutions of necessity to acquire property for its Interstate 880 / State Route 92 Reliever Route Project. The Project will extend Whitesell Street to provide access to State...more

Environmental Law Alert - June 2013: Environmental Cases Decided by the Supreme Court During its Recent Term

Although the Supreme Court’s decisions regarding the Voting Rights Act, affirmative action, and gay marriage earned most of the attention during the 2012-2013 term, a number of significant decisions with regard to...more

Eminent Domain to Be Used for I-80 and I-680 Interchange

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...more

Legislature Meets First Committee Deadline

The Minnesota Legislature had a busy week at the Capitol, working to meet their first deadline. The deadline for committees to act favorably on bills in the house of origin is midnight on Friday. Committees must act favorably...more

Determining the Scope of the Resolution of Necessity in Eminent Domain Actions

Before a public agency can exercise the power of eminent domain, it must adopt a resolution of necessity making certain findings in support of the taking of property. The resolution defines the scope of the agency's...more

Statutory Exemption Not Waived by Conducting EIR; Can be Invoked Even After Litigation Commences

In this case, the Court of Appeal for the Fourth District held that a city may defend itself against a California Environmental Quality Act challenge by invoking a statutory exemption even if the city has prepared an EIR for...more

GCIA v. Gallenthin Realty Development, Inc.

Public Use Abuse Brief of Landowner Defendant Gallenthin

The Bill of Rights, which consists of the first ten amendments to the United States Constitution, was designed to guarantee the basic principles of individual liberty by limiting the power of the federal government and...more

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