Eminent Domain Report

According to a Red Bluff Daily News article, "Eminent domain grants access in Tehama County," the realignment of Bowman Road and the replacement of South Fork Cottonwood Creek are moving forward, and the County is reaching deals with the impacted property owners, but only after the commencement of eminent domain proceedings.

One property owner is granting Tehama County a permanent easement and a temporary construction easement for $2,500, and another owner has reached a deal at $50,000.  On top of the monetary compensation, the County has agreed to create a driveway encroachment to provide improved access to the property.  There are two properties still in eminent domain proceedings, although one owner has not responded to the complaint and it appears a default may be taken.  

Property owners typically are required to respond to the eminent domain complaint 30 days after being served.  If no answer is filed, a default can be taken, and the property owner will usually be stuck with the public agency's appraised value for the taking, and will need to undertake some effort to obtain the proceeds (which are typically deposited with the State Treasurer or the clerk of the court).