California Eminent Domain Updates

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We haven't provided much in the way of updates recently on California infrastructure projects requiring eminent domain.  Either we've been too busy to notice or it's been surprisingly quiet recently.  But, some headlines did just catch our attention, so we thought we'd provide an update to our readers.

  • San Luis Obispo to Institute Eminent Domain:  according to a recent article in the Tribune, City Council approves temporary easement on private land for work in congested area, the San Luis Obispo City Council unanimously adopted a resolution of necessity, approving the use of eminent domain to gain access to a privately owned piece of property for construction work tied to the Los Osos Valley Road interchange project.  The acquisition involves a temporary construction easement, which is needed to do work on a retaining wall to support the project's southbound off-ramp.  However, the easement will cause temporary access impediments to a gas station located on the property, which could also cause business losses.  The City has offered $15,500 for the proposed acquisition.
  • San Diego County Scheduling Resolution of Necessity Hearings:  according to an article in the Ramona Sentinel, County considers eminent domain for two San Vicente Road properties, the San Diego County Board of Supervisors is currently considering the scheduling an August 7 hearing date to initiate eminent domain on two properties required for the San Vicente Road Improvement Project.  The project requires partial acquisitions from 31 privately-owned properties. Of those, 29 owners have signed contracts agreeing to sell their required interests to the county.  All contracts were less than $150,000 each, and the appraised value of the two unsigned parcels is $18,800.

Topics:  Eminent Domain, Infrastructure, Public Projects, Takings

Published In: Constitutional Law Updates, Commercial Real Estate Updates, Residential Real Estate Updates, Zoning, Planning & Land Use Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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