About Us

Andy and/or Bill have represented numerous owners in eminent domain cases which involved acquisitions for different BART projects. These cases include takings for BART’s Colma Station and South San Francisco Station, rights of way takings in Daly City and Millbrae and a taking for a power substation for BART’s San Francisco Airport Extension. More recently, Andy and Bill have represented owners in Fremont regarding BART’s takings for its 5 mile extension from BART’s Fremont Station to its proposed Warm Springs Station. Santa Clara Valley Transportation Authority (VTA) is currently acquiring additional properties for BART’s proposed 10-mile, two-station extension of its line south from its future Warm Springs Station in Fremont through Milpitas and into the Berryessa area of north San Jose. For more information regarding this extension please see the Berryessa Extension Project Factsheet.

The California High-Speed Rail Project ("project") includes an estimated 800 miles of track and up to 24 stations. http://www.cahighspeedrail.ca.gov/project_vision.aspx There are several different project segments. On November 1, 2011 the California High Speed Rail Authority ("Authority") released a new business plan describing the phased approach to construction of the project. The new business plan provides that the first segment of construction will be a 130 mile segment stretching from north of Bakersfield to south of Merced and that construction will commence in 2013. http://www.cahighspeedrail.ca.gov/pr_11012011.aspx

The lawyers at Turner Law are familiar with the project. Andy Turner has been the featured speaker at numerous meetings before community groups, realtors, appraisers and attorneys on eminent domain as it relates to the project. He has spoken in the Bay Area and Fresno.

The project will require that the Authority acquire a significant amount of private property. The owners of the property interests acquired for the project will be entitled to be paid the fair market value of the property taken and possibly, depending on the circumstances, severance damages, loss of goodwill and relocation benefits.

The issue of severance damages will come into play if the taking is only part of the larger parcel, e.g., 10,000 square feet of a 30,000 square feet larger parcel is acquired.

Severance damage is defined as follows:

"Damage to the remainder…caused to the remainder by either or both of the following:

1. The severance of the remainder from the part taken.
2. The construction and use of the project for which the property is taken in the manner proposed by the plaintiff whether or not the damage is caused by a portion of the project located on the part taken." (CCP Sec. 1263.420.)

It is easy to imagine that with this project there will be significant issues relating to severance damages. These issues might include impacts such as noise, vibration, aesthetics, loss of access, size and shape of the remainder, loss of usability, etc.

If there are benefits to the remaining property caused by construction and use of the project, the amount of those benefits must be offset against the severance damages and the recoverable loss of goodwill, if any. Benefits cannot be offset against the fair market value of the property taken. (CCP Secs. 1263.410(b) and 1263.430.)

The owner of a business conducted on the property taken, or on the remainder if the property is part of the larger parcel, may be entitled to recover loss of goodwill. Goodwill is "the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage." (CCP Sec. 1263.510 (b).)

Additionally, persons, businesses and farm operations that move from the property as a result of acquisitions for the project will be entitled to Relocation Assistance. (Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 42 USC Sec. 4601 et seq., California Relocation Act, Govt. Code Sec. 7260 et seq.)

The above information is intended to be only a very brief summary of the applicable law and some of the issues that may arise in takings by the Authority. The owner who is threatened by a proposed condemnation of property should contact his or her attorney for advice regarding the law and procedure which is applicable to that particular situation.