Eminent Domain Report

We haven't provided much in the way of updates recently on California infrastructure projects requiring eminent domain.  Either we've been too busy to notice or it's been surprisingly quiet recently.  But, some headlines did just catch our attention, so we thought we'd provide an update to our readers.

• San Luis Obispo to Institute Eminent Domain:  according to a recent article in the Tribune, City Council approves temporary easement on private land for work in congested area, the San Luis Obispo City Council unanimously adopted a resolution of necessity, approving the use of ...

As we reported in an update yesterday, San Luis Obispo County adopted resolutions of necessity to condemn portions of three parcels needed for Nipomo’s Willow Road interchange project.  According to an April 21 Santa Maria Times article by April Charlton, "Board OKs use of eminent domain," the County is still negotiating with the owners, but was forced to start the eminent domain process now, or its risks losing key project funding:

[T]he county is required to show the state that the project is ready to proceed by the end of June to obtain millions of dollars in transportation funds ...

Over the past month, we have reported on a number of potential projects involving the use of eminent domain.  For anyone following these projects, here is a quick update:

• On March 19, we reported that the City of San Pablo was contemplating renewing the City's eminent domain powers for an additional 12 years while promising compliance with Proposition 99.  According to a Mercury News article, this week the City postponed reaching a decision on the renewal until at least May 3. 
• On March 24, we reported that the County of San Luis Obispo was contemplating authorizing eminent domain ...

According to a Santa Maria Times article, "Eminent domain decision delayed," the County of San Luis Obispo is currently in the process of acquiring property for the Nipomo's Willow Road Interchange project, which will extend Willow Road from Hetrick Road to Highway 101, and will also include constructing new onramps for access to Highway 101 from the extension.  While it appears the County has successfully negotiated the property acquisitions so far, the County may utilize its eminent domain powers to condemn other necessary properties.

One impacted property -- a ...