Eminent Domain Report

In his Tuesday column for the San Francisco Chronicle, former Mayor (Willie) Brown takes former Mayor (Jerry) Brown to task for having forgotten about all the good things that redevelopment money did for him while he was Mayor of Oakland.  The renovation of the Fox Theater, construction of 10,000 units of housing downtown, the creation of two charter schools - all undertaken with redevelopment money.

But here is what may be the big news.  Despite all the talk of abolishing redevelopment agencies in California, a compromise may be in the works.  According to Willie Brown, in Deal on state ...

In the wake of the Governor’s proposal to abolish all redevelopment agencies, State Controller John Chiang announced that his auditors would be reviewing 18 redevelopment agencies.  As he stated in his press release,

The heated debate over whether the RDAs are the engines of local economic job growth or are simply scams providing windfalls to political cronies at the expense of public services has largely been based on antidotal evidence.

These reviews, designed to assist lawmakers in their budge debates will therefore focus on how the targeted RDAs define a blighted area ...

The California Court of Appeal has issued a new published decision involving an unusual set of circumstances surrounding an eminent domain and inverse condemnation case.  In Cobb v. City of Stockton, the City filed an eminent domain action to acquire the owner's property; shortly thereafter, the City obtained prejudgment possession and constructed a public roadway on the property.  So far, seems typical.

Here's where things get unusual.  After nine years, the matter had not made its way to trial, and the court dismised the action for "lack of prosecution."  (I'm not entirely sure how ...

A January 27 article in California Watch, "Eminent domain battles rage on despite Prop. 99," reflects the ongoing confusion that surrounds the efforts to reform eminent domain in the aftermath of the Supreme Court's 2005 Kelo decision. 

The article's premise is that Proposition 99, approved by California's voters in 2008, did not stop what the author describes as "eminent domain abuse."  But the case example that underlies the article reflects a fundamental misunderstanding about what Proposition 99 does (or does not do), and what people typically mean when they talk of "eminent ...

Earlier this month, we reported on the Governor's budget proposal, which includes the bold plan to "disestablish" (my new favorite word) redevelopment agencies as part of his plan to shore up California's budget.  We then told you about how the budget proposal interacts with Proposition 22, passed last November. 

Not surprisingly, the story is far from over.  A January 21 article in the Los Angeles Times by Patrick McGreevy, "Cities may sue governor over his redevelopment proposal," reports that earlier today, more than 100 mayors and city council members came together to condemn ...

We noted in our 2010 year-in-review E-Alert that the stimulus dollars were starting to make their way towards local agencies so infrastructure projects could be built.  2011 is now off to a fast start:  according to a recent Caltrans press release, the California Transportation Commission has announced the allocation of $1 billion towards 107 California transportation projects, including $838 million from Proposition 1B bond funds (which was approved by voters in 2006).

Here are some of the highlights as to how these funds will be utilized:

• $46.55 million to install rail ...

The large pool of tax increment revenue flowing to the state’s 400-plus redevelopment agencies has long made a tempting target for a cash strapped State.  Time and again Sacramento has dipped into this pool to offset budget deficits.  Local interests have fought back, both at the ballot box (e.g., 2004's successful Proposition 1A "Protection of Local Government Revenue"), and in the courts.  Sometimes local interests gained the upper hand and sometimes the advantage went to the State.

Proposition 22, approved by the voters in November, was intended by its backers to be the ultimate ...

In U.S. politics, mudslinging -- or negative political campaigning -- is "as American as Mississippi mud."  Just recently, I'm sure everyone recalls the heated back-and-forth between Governor Brown and Meg Whitman.  Usually, the attacks die down after the election is over.  And rarely do the attacks center on eminent domain issues.

That brings us to Palm Springs.  Mayor Steve Pougnet unsuccessfully challenged U.S. Representative Mary Bono Mack for the 45th Congressional District in November.  Months after the election, the debate continues between the two.  

According to a recent ...

It should come as no surprise that the budget proposal issued by Governor Brown today contains some painful cuts.  California remains in the midst of one of the worst economic cycles in history, and its budget shortfall has reached historic proportions.  According to the Governor, as he takes office, California's budget shortfall totals $25 billion - yes, that's Billion, with a "B." 

For me, I am particularly disturbed by proposed cuts to education; the UC system, which provided me with both my undergraduate and law degrees, may face numerous cuts, including a general ...

In case you missed it, in the news last month was a big story about the San Diego County Sheriff's Department torching a residence in Escondido as the only safe way to destroy a giant cache of explosives found in the house.  The house was burned to ashes in an effort to destroy the extremely volatile chemical compounds which could detonate at any second.  The house has since been dubbed, simply, the "Bomb House."

So what does this have to do with eminent domain?  Interestingly, the individual responsible for the explosives was a renter (who is now in jail), and the property owner -- who had no idea ...