Eminent Domain Report

In 2024, the Supreme Court upended decades of California precedent when it held that legislatively enacted development impact fees must satisfy the “essential nexus” and “rough proportionality” tests established in Nollan v. California Coastal Commission and Dolan v. City of Tigard, respectively. However, the Supreme Court did not decide whether the legislatively enacted fee program challenged by Sheetz actually failed to comply with Nollan / Dolan. Instead, it remanded that issue back to the California courts so that they could address the issue in the first ...

In order to construct the Silva Valley Interchange on Highway 50, the El Dorado County Board of Supervisors passed a Resolution on January 4, 2013 to acquire approximately 12 acres by eminent domain.  As reported by In El Dorado County, the county could not negotiate a deal with the owner of a 52 acre block of which the county seeks the 12 acres. The owner did not oppose the project but expressed concerns as to the impacts it would have on his remaining acreage. 

While the Board maintains that using eminent domain is not common for them and Caltrans forced its ...