During the past several years, we’ve been following an eminent domain case playing out in Mendocino County related to the Skunk Train. In 2023, the court concluded that the Skunk Train operator, Mendocino Railway, did not have the right to take property because it was not proposing to put the property to a public use. In a recent unpublished opinion, the Court of Appeal revisited this conclusion, and addressed whether a railroad corporation qualified as a public utility with the authority to exercise eminent domain, and what evidentiary showing is required to establish public use ...
During the past several years, California legislators have been pushing through new legislation to increase potential housing opportunities in California. In October, Governor Newsom signed California Senate Bill 79 (SB 79), which opens up new residential developments near rail and bus stations in major California communities. Specifically, SB 79 creates rules to override local zoning regulations related to height and density for sites near transit-oriented development stops and applies to the “urban transit communities” of Los Angeles, Orange, San Diego, Alameda ...
A federal aid package that is aimed at improving aging infrastructure and stimulating new transportation projects is in the works. The Los Angeles Times recently reported on the federal initiative and what it could mean for California infrastructure and agencies.
The article highlights a handful of the many California agencies and projects that would be vying for a portion of the funds, should the package get approved. For those of us in Southern California, there are a multitude of potential projects that would be aided by federal funds – upgraded passenger rails in anticipation ...
During Nossaman's recent webinar concerning Transit & Transportation Project Success in the Wake of the Pandemic, I addressed Temporary Construction Easement (TCE) issues. For a re-cap of my presentation on this topic please click here.
Additionally, to view our entire webinar "A Path to Transit & Transportation Project Success in the Wake of the Pandemic: A Panel Discussion Among Legal Professionals," please click here to access the full on-demand recording.
We continue to monitor developments related to COVID-19 and are available to respond to questions and discuss issues ...
For those of you involved in the transportation sector, we invite you to join us on Wednesday, June 3rd for a discussion on planning, procurement and financing strategies that can be implemented now to support timely project delivery in the wake of the COVID-19 pandemic. We are planning a very interactive webinar where ample time will be set aside to answer questions received from attendees both prior to and during the event.
Topics that will be covered include:
- How to prepare now to efficiently and effectively move projects forward
- Procurement and contracting strategies that enable ...
Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain. We cover all aspects of eminent domain, including condemnation, inverse condemnation and regulatory takings. We also keep track of current cases, project announcements, budget issues, legislative reform efforts and report on all major eminent domain conferences and seminars in the United States.
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