3 ms·

Two words “eminent domain”. The government, both federal and state (depending on the state) can absolutely obtain your land with zero recourse. They’ll pay you

Two words “eminent domain”. The government, both federal and state (depending on the state) can absolutely obtain your land with zero recourse. They’ll pay you for it, but you don’t get a choice.

ceejayoz 7y ago
There’s plenty of political recourse, especially when you’re taking property from thousands of people in one project.
selectodude 7y ago
The paying for land is a huge cost center for massive construction projects. Especially ones that require a 400 mile unbroken piece of land. Not to mention you can tie even eminent domain up in litigation for years.
- kbenson 7y ago
  Also, we're talking about land in California, which isn't known for cheap real estate. Even if the central valley might be relatively cheap, the amount of land that needs to be acquired in the LA and SF areas, which sprawl considerably, means a good portion of the needed land is likely very expensive for infrastructure. Building something on the 300 miles of I-5 from Tracy to Santa Clarita is probably much easier and cheaper than the last 30-40 miles on either end.
xoa 7y ago
>with zero recourse What? There is absolutely recourse, such as "sue them and at a minimum tie the project up in lawsuits for years". Or "be furious and rally with lots of other furious land owners/interested citizens and vote the bums out" because focused single interests, even as minorities, often can exert a great deal of political influence in a democracy. Or even illegally resisting through various means, which might not affect this area of California specifically but is a real threat in some parts of the US. Eminent domain has an important place and has be used well, as well as abused. But whether justified or not its use, particularly in modern, is frequently fraught with controversy and political/legal battles.
- kenhwang 7y ago
  It's just political suicide to use eminent domain these days, but if the political climate changes, maybe it'll be used again. The power as written is pretty powerful and has only gotten more powerful and broad every time it's challenged in court. Since it's hard to argue that building a high speed rail isn't "public use", the only thing you'd be suing over would be the "just compensation" part. I believe in that case, the government can take and use first, and you can lawsuit afterwards over how much money you think it's worth which really doesn't stall anything. If the government can use eminent domain successfully take over land to give to private developers to build a mall, or even take it just to increase city revenues, it sure as hell can use it to build a train.
tastygreenapple 7y ago
what about "environmental review"?

ceejayoz 7y ago

There’s plenty of political recourse, especially when you’re taking property from thousands of people in one project.

selectodude 7y ago

The paying for land is a huge cost center for massive construction projects. Especially ones that require a 400 mile unbroken piece of land. Not to mention you can tie even eminent domain up in litigation for years.

kbenson 7y ago
Also, we're talking about land in California, which isn't known for cheap real estate. Even if the central valley might be relatively cheap, the amount of land that needs to be acquired in the LA and SF areas, which sprawl considerably, means a good portion of the needed land is likely very expensive for infrastructure. Building something on the 300 miles of I-5 from Tracy to Santa Clarita is probably much easier and cheaper than the last 30-40 miles on either end.

xoa 7y ago

>with zero recourse What? There is absolutely recourse, such as "sue them and at a minimum tie the project up in lawsuits for years". Or "be furious and rally with lots of other furious land owners/interested citizens and vote the bums out" because focused single interests, even as minorities, often can exert a great deal of political influence in a democracy. Or even illegally resisting through various means, which might not affect this area of California specifically but is a real threat in some parts of the US. Eminent domain has an important place and has be used well, as well as abused. But whether justified or not its use, particularly in modern, is frequently fraught with controversy and political/legal battles.

kenhwang 7y ago
It's just political suicide to use eminent domain these days, but if the political climate changes, maybe it'll be used again. The power as written is pretty powerful and has only gotten more powerful and broad every time it's challenged in court. Since it's hard to argue that building a high speed rail isn't "public use", the only thing you'd be suing over would be the "just compensation" part. I believe in that case, the government can take and use first, and you can lawsuit afterwards over how much money you think it's worth which really doesn't stall anything. If the government can use eminent domain successfully take over land to give to private developers to build a mall, or even take it just to increase city revenues, it sure as hell can use it to build a train.

tastygreenapple 7y ago

what about "environmental review"?