Condemn Now, CEQA-Compliance Later? Maybe

Law360, New York (April 29, 2013, 11:21 AM EDT) -- Acquiring property for public projects typically does not occur until after the project has received environmental approval. While this is the generally accepted rule — and it makes sense for a number of reasons — must a project receive environmental clearance before an agency may begin the property acquisition process?

In a recent published decision, Golden Gate Land Holdings LLC v. East Bay Regional Park District, the California Court of Appeal answered no and permitted an agency to proceed in reverse order: filing an eminent domain...
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