Eminent Domain Report

We have seen a trend where local agencies are choosing to replace stop-sign and signal controlled intersections with roundabouts.  The concept is not new; we see them throughout Europe and on the East Coast.  But until recently, there weren't many out West.  But that is changing and the City of Yucaipa is one of many embracing the new model.  According to this post in the Yucaipa/Calimesa News Mirror, last month the Yucaipa City Council adopted plans for roundabouts at 6 intersections:

• Yucaipa Boulevard & Bryant Street

• Avenue E & Bryant Street

• Avenue E & 2nd Street

• Avenue E & 3rd Street

• Avenue E ...

The wait is nearly over:  for those living on the Westside of Los Angeles, passenger rail transit will be available in just a few short months.  Officials announced this week that the final extension of the Expo Line will open on May 20, extending service from Culver City to just a few blocks from the Santa Monica pier.

This will be the first passenger rail transit service to the far Westside since Pacific Electric streetcars stopped running to Santa Monica in 1953.  The project completes the 15-mile Expo Line between downtown Los Angeles and Santa Monica.  Train trips between downtown Santa ...

When public agencies acquire property for public projects, many times only a portion of the property is required.  And, the government usually seeks various types property interests:  (i) permanent easements for street purposes, drainage, utilities, slope, aerial, or access rights, (ii) temporary construction easements, or (iii) fee interests, to name a few.  One common misconception among agencies is that acquiring an easement is completely different than acquiring the property in fee.  In some cases, it can be vastly different, but in others, depending on the scope of the ...

Transparency in government is a staple of American democracy.  The Federal Freedom of Information Act and California’s Public Records Act are two examples of laws that are intended to provide transparency for government’s written information.  But many (if not all) state and local governments have also enacted sunshine laws, which generally require that government meetings be open and public.  In California, the Ralph M. Brown Act was passed in 1953.  Yet, despite having been around for over half a century, many local governments find themselves accused of running afoul of its ...

Once again, I sit at my desk wondering how all of this happened.  For more than a decade, I worked as an eminent domain attorney in utter obscurity; I'm not even sure my family knew what eminent domain was.  But then the City of New London, Connecticut tried to take Ms. Kelo's little pink house, and everything changed.  Since the Supreme Court's 2005 Kelo decision, eminent domain has become a mainstream topic, coming up in late night talk show skits, and now, taking center stage in the Republican presidential race.

At last Saturday's debate, the use of eminent domain turned into a firestorm of ...

Public transit continues to be a major focus throughout Southern California, with virtually all of the county transportation agencies planning or undertaking important passenger rail projects throughout the region.  Some of those transit projects in Los Angeles and Orange County received a major boost this week, as the Los Angeles Times is reporting that the Obama administration has earmarked $500 million in the proposed federal budget for the next fiscal year for LA Metro's Westside Subway (Purple Line) and Regional Connector projects and OCTA's OC Streetcar project.

LA ...

If you happen to be in Austin this week, stop by and see me at the ALI-ABA Eminent Domain Conference.  It starts Thursday, January 28 and runs through Saturday.  I'll be speaking Thursday afternoon on the condemnation of privately-held utility companies -- an issue that's certainly been in the press here in California recently.  I'll be speaking with Christopher Clough of Barron & Adler in Austin, and he's been "in the trenches" on a number of utility-company condemnation issues in Texas.

Aside from my session, there will be a lot of good presentations, including a national eminent domain ...

Public agencies are routinely facing Buy America requirements in their infrastructure projects.  Some of the most difficult situations involve how to satisfy Buy America obligations with public utility relocations.  The rules continue to evolve, making compliance an ever-moving target.  To help provide some guidance, my colleague, Ann-Therese Schmid, recently provided a Buy America update on Nossaman's InfraInsight Blog.

In her blog post, Recent Buy America Developments, Ann informs us that in late 2015 the Federal Transmit Administration (FTA) and the Federal Highway ...

The City of Menlo Park is proceeding with two transportation projects.  The first one, an undercrossing to separate bicycles and pedestrians from rail traffic at Middle Avenue, received the green light from the City Council on December 15.   The City has committed $210,000 and has authorized staff to apply for an additional $490,000 in San Mateo County Measure A sales tax funds to pay for preliminary engineering work on the project.  The City estimates that the design and construction of the undercrossing will cost approximately $11 million.

The City’s second project is the Ravenswood ...

Eminent domain practitioners have been waiting for nearly two years for the Supreme Court to issue its decision in Property Reserve v. Superior Court.  At issue is the constitutionality of California's "Right of Entry" statutes, which allow an agency to enter onto private property for certain inspections and testing without filing a condemnation action.  In Property Reserve, the Court of Appeal rejected an agency's efforts to conduct precondemnation testing and inspections, finding that the statutory procedure essentially amounts to allowing a taking without payment of just ...