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Eminent domain for BART station

On Behalf of | Nov 24, 2021 | Eminent Domain

Eminent domain in California involves private property being bought by a public entity. Having the intent to use the purchased property for public use is another factor of eminent domain. Every case is different, but the idea of a government agency buying up real estate can sound intimidating. San Jose has one such case in progress.

Building a station’s extension

The San Francisco Bay Area Rapid Transit, or BART, district is made up of nine board members. While being responsible for local transit, BART is recognized as a government agency. It qualifies for buying private property under the claim of eminent domain. The transit agency is now working to extend one of its stations by constructing a new entrance in San Jose. The proposed location is privately owned and offers tenancy to an operating bank.

The basis for an exchange

An eminent domain transaction can stir up negative sentiment from the public, but it isn’t issued unless suitable compensation is paid. When businesses already operate at a desired location, each business would have to be bought out. What BART now proposes is an $11.7 million settlement. This would convert the private property for public use.

Eminent domain in California

To buy private property, a government agency needs to pursue a project that falls within the accepted uses of eminent domain. Transportation is a common reason for this statute. The installation of water lines and building of roadways also fall under the banner of eminent domain projects. As California infrastructure continues to develop, projects that offer public services may require privately owned land to be converted for public use.