this post was submitted on 28 Dec 2023
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[–] Maggoty 23 points 10 months ago (1 children)

Another factor in the trains, at least for California, is that the project was put on hold for a while because of the hyper loop crap. Now they need to resume buying land for the track and prices are where they are

[–] [email protected] 4 points 10 months ago (2 children)

Honestly they should just specify the project as a public works project, would give them eminent domain rights and skip the whole 9 yards of land pricing. It would force it to be done based off fair market price instead of the inflated BS all land is currently at. Least if I understand eminent domain right.

[–] someguy3 5 points 10 months ago (1 children)

I don't know for certain but I expect they used eminent domain.

[–] [email protected] 2 points 10 months ago* (last edited 10 months ago) (1 children)

I think you're right. I'm from Canada, so laws might be different, but AFAIK, eminent domain means the owner can't say, "No, I'm not selling" to the government, not that the government has total control over the price. Landowners can also argue that losing that portion of land will negatively affect the remaining property and argue in court to be compensated.

[–] [email protected] 2 points 10 months ago* (last edited 10 months ago) (1 children)

And since California has Prop 13, i wonder if landowners can sue for the future tax increases for the replacement property? Afterall, that is a direct consequence of the forced sale of the land.

"You are increasing my property taxes forever. So you should be responsible for that increase... forever."

[–] [email protected] 1 points 10 months ago (1 children)

Good Point!

Site Note: A family member who lives in California recently explained how their property taxes are calculated, and that system is crazy! That system encourages people to never move, which probably contributes to housing issues because seniors are dis-incentivized from down-sizing, etc.

[–] [email protected] 1 points 10 months ago

Yep.

We used to have the problem of senior citizens having their property taxes jacked up every year to the point that the taxes are almost as high as the original purchase price. Bunch of seniors were ending up losing their houses.

Prop 13 was designed to fix that; and it did, but it also caused a bunch of 'unintended consequences'.

[–] wolfpack86 3 points 10 months ago

Eminent domain is subjected to legal challenges. Both to the authority (there must be a purpose) and also to the FMV assessment. Which costs money. And time.

If it was as easy as snapping their fingers, it would've happened.