High Speed Rail Authority Moves Forward with Eminent Domain Action

Despite a previously invalidated funding plan, the California High Speed Rail Authority (CHSRA) has proceeded to request seizure of a 2.5 acre parcel located in Fresno, California. The CHSRA contends that the parcel is a “critical” component of the rail’s infrastructure and plans to build an underground trench on the property.

Today, the parcel houses a 20,000 sq. ft. commercial building and is reportedly valued at $2.4 million. The CHSRA has informed a state board that although the parties have been in negotiations since May 2013, the landowner and the CHSRA have not been able to reach an agreement as to the compensation owed to the landowner.

Having obtained a state board’s approval, the CHSRA may now file an eminent domain action, which will allow the court to decide the fair market value of the parcel, compensation owed to the landowner, and timeline as to when construction may begin on the parcel.

CHSRA officials report that the authority has obtained five of the 380 parcels it needs for the first segment of the high speed rail, and only anticipate 20% of the remaining parcels to require seizure via eminent domain.

This development leaves many landowners in the Fresno-Madera stretch of the rail afraid that their properties might be also be seized by the state of California.