The Eminent Domain Law reflects the state purchasing private property that belongs to residences and using it for public use. “The private property that is obtained from private owners are to be compensated for the sale of the property” . In order for this type of purchase to be considered there has to be legitimate reason and proof that the property will benefit the public in a positive way. A hearing usually takes place with the public being able to input on the circumstances that the property purchase is being used for. The proper channels should be considered before the final decision of purchase is made, and the proper compensation for the property is implemented.
One current examine of Eminent Domain of California Highways takes place in Bakersfield California. In the town of Bakersfield private property is in the process of being purchased for a highway to be built using the property. The Corridor Project is a controversial purchase for the new highway in regards to the residence of Bakersfield California. The controversy of land is construed by the environmental impact the highway will cause of the land needing to be purchased for the project.
The Corridor Project will allow attachment of Bakersfield to the rest of California. The highway will give a direct route for travelers, truckers, and resources to get to their destinations quicker. The problem with the new highway is that it will impact many homeowners who will have to move if the projects goes through. The project will change the lives of over 300 residence who will be forced to move because of public highway being built.
“The Westpark community will be changed with the construction of the new path that will connect Interstate 5 and Highway 58” . The positive side of the new Corridor is that travelers will reduce time getting to destinations, and the route will lessen the need for maintenance on the roads that are used now. The improvement of the Corridor will be a great improvement for California Highways. The plans for the Corridor have been thought about for a long time before the project was passed to start.
The negative side of the Corridor is that many residence will have to leave there homes, and give up everything they built over the years. Businesses and parks will also be effected by the development of the highway, and people are not happy who live in and around the community. The community is grounded and families have developed stability over generations of growth in the town. The citizens feel that the city is against its own citizens instead of taking into consideration their feelings and impacts the Corridor Project will have for the future of the families who live there.
When the final environmental draft is finished then the public and who is effected by the new highway plans will be able to voice their feelings, actions, concerns, and questions regarding the Corridor Project. The community is waiting and making plans of their own to protest the highway, and maybe seek legal action if there is probable cause to do so. The community is not giving up fighting for their homes, and memories that cannot be replaced when they are forced to leave everything they have built for themselves and their families.
“The Transportation Department has made accommodations to help control the noise that will increase when the Corridor Project begins” . The DOT also understands that the highway will impact the residences and their homes when the projects begins, but there is no other way to go about the building the highway without these changes. The city understands the community will be disrupted, changed, and moved for the highway to come in, but the city has no other alternative for the plans to accommodate the business and residential neighborhood.
“On March 2014 the Bakersfield council had approved the money for purchase of homes that is in the path of the Corridor Project”. The project is not even approved yet, but the city is already in the process of getting ready to make residence offers on their homes. There is over 400 homes being affected that will have to be demolished for the highway to be built. So far there is almost 100 residence who want to sell to the city early, and relocate elsewhere. Normally with a project like this the city would hold off on purchasing any homes for the project until the environmental impact report was concluded and released. In this case the residence who have requested to sell before the impact is released can do so. These residence want to get it over with and be able to get their lives re-established now instead of later.
The city will start buying homes later in the week from the residence who want to sell early. The city knows the funding may be off for the project but have no concerns on the approval for the corridor highway. The city seems very adamant in the decision and thinks the Centennial Corridor should have been completed decades ago.
The city is allowed to purchase property from residence who want to sell early before the project and environmental impact report is released. The reason is related to the “The Moving Ahead for Progress in the 21st Century Act (MAP-21) . The Map 21 Act allows residence to voluntarily sell their homes ahead of time before an approval is established. This makes the move easier on residences and give them more time to be able to relocate. The early acquisitions allows for the process to prepare and start before the actual approval is stamped and sealed. It makes the transition for both sides easier and increases the start of the project.
The Eminent Domain does not allow for these property’s to be destroyed until the environmental impact report is complete and approved. It only allows the purchase of the property, but does not allow any changes to be made until the approval occurs. The act is to help all involved in these types of projects. If changes were made, and destruction of the homes were started before approval the city would be in violation.
Reference
Brown, G. (2015). 24th St. Improvement Project. Draft Enviromental Impact Report, 1-3.
DOT. (2015). Centennial Corridor Project. California Department of Transportation, 1-5.
Goldden, K. (2014). City approves $165 million to buy homes for corridor project. California Centennial Corridor, 1-4.
Pierce, B. (2011). Eminent Domain. Eminent Domain Law California, 1-6.
Romero, E. (2015). Centennial Corridor Freeway Project Divides Bakersfield, Neighborhood. NPR for Central California, 1-5.
