As we await the alternative analysis on High-cost Rail and what that means for eminent domain takings of properties along the rail right-of-way, here is a report from the San Mateo County Times on SAMTRANS takings for regular old Caltrain upgrades.
SAN CARLOS — Transit officials voted Tuesday to use eminent domain to take portions of land from several San Bruno property owners in order to make way for a new Caltrain station and rail bridges.
It goes on to note:
Under eminent domain, authorities are allowed to take an owner's land as long as certain conditions are met, such as showing the acquisition of a piece of property is necessary for a project to happen. In this case, Caltrain needs some parcels to serve as a staging ground for construction, while others will be part of the project itself.
Eminent domain usually comes after negotiations have stalled, San Mateo-based attorney Andy Turner, a specialist in the field, said Tuesday in a phone interview.
At the end of the eminent domain process, owners are entitled to receive fair market value for the land taken. But property owners can contest in court both the seizure of their property and the amount of money they get. It's not clear in this case how much cash authorities have offered to the owners.
I continue to hear rumors that some property owners in towns south of us have gotten some early notice. Anyone have any confirmed news?
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