Eminent Domain Report

Eminent domain fans!  Take heed: The City of Perris v. Stamper case (S213468) will finally be heard by the California Supreme Court tomorrow at 9:00 a.m. in San Francisco.  I recapped the issues that are going to be addressed in my prior post about the oral arguments.

Remember - the California Supreme Court now broadcasts its oral arguments live on the web!  Go to the CA Supreme Court's website (http://www.courts.ca.gov/supremecourt.htm) and there will be a blue box on the right that will launch the web viewer!  I hope you tune in!

At some time or another, most of us have experienced sitting in our cars at a railroad crossing waiting for what seems like the longest freight train in the world go by. And it always seems to happen when you’re late for an appointment or for once trying to make it home in time for dinner.  If you live or work in the San Gabriel Valley, sitting in traffic waiting for the freight-train to go by is likely a daily occurrence.

With vehicle and rail traffic projected to increase, in 1998, the San Gabriel Valley Council of Governments (SGVCG) decided to do something about the safety and traffic ...

As cities become more dense and urbanized, it is common for infrastructure to get outdated or insufficient to handle increased demand.  We see this with roads, highways, schools, and even utilities.  When new infrastructure is needed, many times eminent domain becomes necessary to acquire property in the way of the proposed new project.  But sometimes those properties are historical or, given their longstanding presence, have sentimental meaning to the community.

Such a situation is currently playing out in the City of Oakley.  According to an article in the Mercury News, Oakley ...

The Southern California Association of Governments (SCAG) is the nation's largest regional planning agency and is governed by an 86-member Regional Council, made up of elected officials from among the six counties and 191 cities who are members.  SCAG develops  a variety of policy and planning initiatives to create a sustainable Southern California region.  Every four years, SCAG must develop a Regional Transportation Plan, which sets out a vision for the next 25 years. SCAG adopted the most recent plan last month.  In the 2016 Regional Transportation Plan/Sustainable Communities ...

Today, the California Supreme Court heard oral arguments in the Property Reserve v. Superior Court case.  Today was also the day the Court began showing live webcasts of oral arguments online, so I was able to not only hear the arguments but see the Justices and attorneys in action.  If the Court provides a link to the oral arguments, I will include that in another post.

My initial reaction from the oral arguments - all of the Justices were very engaged in the arguments and the Court hammered both sides pretty soundly.  If I had to pick a winner, I think they went easier on the State.

The Court did ...

If you are an eminent domain junkie like us, then you will appreciate knowing that the City of Perris v. Stamper case (S213468) will be heard by the California Supreme Court on May 5, 2016, at 9:00 a.m. in San Francisco. As a quick refresher, this is yet another case where the Court is trying to delineate the role of the judge versus the jury in eminent domain cases. The case considers the constitutionality of a dedication requirement imposed by the City of Perris.  The Court will be addressing two questions:

1. Is the constitutionality of an otherwise reasonably probable dedication ...

One of the most valuable assets many homeowners enjoy is their property’s view. If the government undertakes an activity that eliminates or obstructs that view, is an owner entitled to relief?  In Boxer v. City of Beverly Hills (April 26, 2016, B258459), the California Court of Appeal held that in an eminent domain action (where there is a direct taking of property), view impacts are compensable, but in the absence of a taking of property, a property owner is not entitled to compensation for loss of view.

Background

In Boxer v. City of Beverly Hills, a group of property owners filed an ...

While much of the focus in California lately has been on eminent domain for transportation projects, there's some new condemnations moving forward in both Northern California and Southern California for social -- or community -- development projects.

• Down south, the San Diego Union Tribune reports that the Port of San Diego has exercised its condemnation powers to acquire four acres of prime property on Chula Vista's Bayfront in order to construct the Chula Vista Bayfront Master Plan project.  The Master Plan, approved by the Coastal Commission in 2012, is a joint project ...

There are a couple exciting International Right of Way Association (IRWA) events coming up next week:

• On April 26, I will be participating in IRWA Chapter 1's (Los Angeles) 2016 Annual Valuation Seminar.  I will be presenting with Brad Thompson of Mason & Mason on "Project Benefits and Construction-Related Impacts:  Tangible or Speculative?".

• On April 29, I will also be participating in IRWA Chapter 42's (San Jose) 4th Annual Spring Conference.  I will be presenting with my partner, Artin Shaverdian, and Steve Parent of Bender Rosenthal on "The Value of Transit Proximity:  Assessing ...

There are two interesting projects in San Diego County that are moving forward, both of which involve at least some use of eminent domain.

The San Marcos Creek Specific Plan is proceeding in, not surprisingly, San Marcos.   The project involves efforts to create a new downtown area for the City.  The project has been a long time in the making, with the City adopting its initial specific plan back in July 2007.  A 2015 PowerPoint presentation describes the City's plans for the area.  And just this week, the City filed at least four eminent domain actions as part of its efforts to implement the ...