Tag Archives: Eminent domain

The Use of Eminent Domain in California to Take Over Private Water Companies Part II: Changes in Citizen Sentiment Complicate the Process

In my last post, I wrote about how Apple Valley, a community in San Bernardino County began an eminent domain proceeding to take over Apple Valley Ranchos Water Company (AVR), a private water utility in the town. At the time of the passage of the resolutions of necessity in November 2015, the town’s citizens seemed ready and willing to embark on a protracted process to gain local control over the water system. A poll that the town conducted around the time of the resolutions of necessity determined that 70% of the population supported a takeover of the water system. The continued cost increases, drought surcharges and the desire for local control seemed to unite the citizens around the need for eminent domain proceedings. Continue reading

The Use of Eminent Domain to Take Over Private Water Companies in California Part I: The Case of Apple Valley’s Proceedings to Acquire Apple Valley Ranchos Water Company

The use of eminent domain across the world can often be a contentious process regardless of what property is being taken. In China, the City of Beijing evicted an estimated 1.5 million people from their homes in the city to make way for the buildings and infrastructure needed for the Olympics. In some instances, the citizens were not justly compensated, and developers would take drastic steps to force unwilling residents to move from their properties. In the City of Kunming, an elderly 83 year-old woman refused to vacate her property after her neighborhood was slated for development. To drive her out, the developer leveled all of the properties around her home, cut electricity and dug a two meter deep mote around her house. Yikes. Continue reading

Eminent Domain and the BDCP

Rick’s Café Californian


California’s water world is abuzz with the revelation that the BDCP involves acquisition of land parcels for the project’s diversion facilities and 30-mile twin tunnels, either by acquisition or by Eminent Domain.   As Rick Blaine (aka Humphrey Bogart) stated in Casablanca, “I’m shocked.  Shocked to find that gambling is going on in here.” Continue reading