Just compensation in condemnation has long been held to require payment that is fair to both the property owner having its property seized and the public taking it. Two of the rules that have developed in this pursuit of fairness came face to face in a recent case, City of Perris v. Stamper, No. S213468, … Continue Reading
As the High Speed Rail Authority (“Authority”) prepares to begin construction this week of the first segment of the High Speed Rail Project (the “Project”), the State Public Works Board is concurrently scrambling to consider resolutions of necessity to acquire property for the first segment within Fresno and Madera counties. Because of the recent litigation … Continue Reading
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 Madera County for the Initial Operating Segment of the High-Speed Rail Project (the “Project”). (Click HERE for map of Initial Operating Segment.) … Continue Reading
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 oversees fiscal matters associated with construction of projects for state agencies. The Authority made its request to the SPWB because its … Continue Reading
The Obama Administration finally gave its formal approval to the California High-Speed Rail Authority to begin construction of the high-speed railway beginning in the Central Valley. The approval, which came in the form of a formal “record of decision” from the Federal Railroad Administration, gives the green light to the Authority to begin acquiring hundreds … Continue Reading