Eminent Domain Report

Why would this (or any other) blog need another post about Kelo v. City of New London.  It probably doesn't, which is why this will be short. 

But, for anyone who still wants more of the story behind Kelo, the soon-to-be-closed Pfizer facility, or the heated arguments they engender, the New YorK Times ran an extended piece, A Turning Point for Eminent Domain? on November 12 that contains a number of different, high-level views on the subject.  (It also contains plenty of less than high-level views, as the story had generated 55 comments within just a few hours of its posting.) 

And, for anyone ...

Just a few weeks ago, we reported on Tulare County's plans to condemn a number of properties to facilitate the widening of Road 80.  Now, Visalia Times-Delta reporter Valerie Gibbons reports that Tulare County is considereing condemnation for four additional parcels, this time to facilitate the widening of Road 108 (or Demaree Street) between Visalia and Tulare. 

The November 11 article, "Board of Supervisors moves to seize land for Road 108 project while still in property negotiations," explains that both the Road 80 and Road 108 projects raise the same concerns from property ...

As mentioned in the Whittier Daily News article from last week, "Two property owners protest La Mirada plans for Valley View underpass at BNSF Railroad," the City of La Mirada and the City of Santa Fe Springs have moved forward with filing condemnation actions to acquire the necessary property for the Valley View Grade Separation Project.  The project will result in an underpass at the BNSF Railroad crossing.

The City of Santa Fe Springs' November 9 City Council Agenda discusses the adoption of a resolution of necessity for each of the necessary acquisitions.  It appears a few ...

Today, I attended the IRWA Chapter 67 monthly lunch meeting.   The speaker was Philip Law, Corridors Program Manager for the Southern California Association of Governments (SCAG).  He came to discuss SCAG's 2008 Regional Transportation Plan.  The plan is intended to coordinate efforts to implement transportation improvements through Southern California.  It involves a $531.5 billion, 25-year long range plan of needed improvements.

The Plan's Executive Summary [PDF] describes in detail the various plan components, including ...

Government agencies often require developers of large projects to build the necessary infrastructure to accommodate those proposed projects.  Examples include building a new roadway to reach the project, widening an existing roadway due to the project's adding extra trips to the daily traffic, and installing improvements for utilities and flood control, among other things.  But how do developers acquire the right-of-way when the necessary property is privately owned? 

The proposed Merriam Mountains residential development project in north Escondido is a ...

The impetus for one of the most infamous eminent domain cases in U.S. history was the City of New London, Connecticut's efforts to utilize a massive Pfizer plant as the basis to revitalize the surrounding area.   (The common myth that Pfizer was itself the intended beneficiary of the Kelo property is not correct.) 

The decision, Kelo v. City of New London, triggered a nationwide backlash against eminent domain when the Supreme Court ruled that economic growth, by itself, qualifies as a public purpose sufficient to satisy the right to take property by eminent domain.

The tale of what ...

Eminent domain lawyers who practice in Los Angeles County Superior Court are all familiar with LA County's detailed local rules on eminent domain -- "Chapter 16."   Chapter 16 is the chapter in the Los Angeles County local rules that deals specifically with eminent domain, and it contains meticulous procedural rules for the conduct of condemnation cases in Los Angeles.

Key provisions involve an elaborate "First Pretrial Conference" requiring a substantial, joint written submission to Department 59 (the LA County eminent domain department), along ...

On Tuesday, the City of Lake Forest voted unanimously to move forward with plans to condemn a 6.11-acre parcel to use as a land swap with the County of Orange.  The property will likely end up being incorporated into Whiting Ranch Wilderness Park. 

According to Orange County Register reporter Erika I. Ritchie, in her November 4 article "City moves forward with seizure of family's land," the property's owner, the Hernandez family, has resisted all efforts by the City to acquire the property voluntarily.   But the City needs the property to complete a land swap with the County that will ...

In an October 31 article for the North County Times, "VISTA: City wants to redevelop motel property," reporter Cigi Ross writes about the City of Vista's plans to acquire a motel property as part of a plan to redevelop the area:

The owner of a downtown Vista motel is accusing the city of trying to kick him out of his business and his home.

City officials announced Monday they're trying to purchase the Vista Riviera Motel as part of a redevelopment project along Vista Village Drive and Vista Way that could include a new car dealership. 

While the City's efforts currently involve a voluntary ...

There are any number of property rights advocates who believe eminent domain is always wrong, and should never be allowed.  As an eminent domain lawyer who sees how eminent domain works both from a landowner and from an agency perspective, I find it hard to understand that extreme viewpoint.   Does eminent domain abuse occur?  Of course.  Are there situations where agencies condemn things they should not condemn?  Absolutely.  Would the infrastructure needed for modern society exist without eminent domain?  Maybe not.  And thus, the story of a world without eminent domain:

Nancy was ...