SB 902 — High-speed rail: eminent domain.
Last action — From committee without further action.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
(1) Existing law creates the High-Speed Rail Authority with specified powers and duties relating to the development and implementation of an intercity high-speed train system. Existing law authorizes the authority to acquire rights-of-way through purchase or eminent domain. Existing law sets forth the process for acquisition of property by eminent domain, including a requirement for adoption of a resolution of necessity. Before adopting a resolution of necessity, existing law requires a public entity to determine the fair market value of the property to be acquired and to offer that amount to the owner of the property. This bill would prohibit the authority, or the State Public Works Board acting on behalf of the authority, from adopting a resolution of necessity to commence an eminent domain proceeding to acquire a parcel of real property for the high-speed train system unless the resolution identifies the sources of all funds to be invested in the property, and the anticipated time of receipt of those funds, and declares that the authority, or the board, has offered to purchase the property at not less than the fair market value or the amount necessary to discharge the liens against the property, as described, whichever is greater. The bill would require the authority or the board to be responsible for compliance with any environmental protection laws or regulations that are applicable to the property it acquires pursuant to eminent domain. (2) This bill would declare that it is to take effect immediately as an urgency statute.
Bill Text
- Amended 04/07/14 - Amended Senate Current pdf April 07, 2014
- Introduced 01/16/14 - Introduced pdf January 16, 2014
- SB902 View text html
Action History
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From committee without further action.
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Set, first hearing. Failed passage in committee. (Ayes 1. Noes 7. Page 3236.) Reconsideration granted.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.
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Set for hearing April 22.
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Referred to Coms. on T. & H. and JUD.
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From printer. May be acted upon on or after February 16.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Donnelly · Cosponsor
- Fuller · Cosponsor
- Gorell · Cosponsor
- Harkey · Cosponsor
- Vidak · Primary
- Walters · Cosponsor
- Brian W. Jones · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 6 co-sponsors · 115 not signed on
Sponsors (1)
- Vidak
Co-sponsors (6)
- Donnelly
- Fuller
- Gorell
- Harkey
- Walters
- Jones, Brian W. Republican
Not signed on (115)
115 members have not signed on to this bill.
Show all 115 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 0 | 0 | 1 |
| Total | 10 | 0 | 0 | 1 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Beall | — | Yea |
| Hueso | — | Yea |
| Pavley | — | Yea |
| Roth | — | Yea |
| Wyland | — | Not Voting |
| Cannella | — | Yea |
| Lara | — | Yea |
| Liu | — | Yea |
| DeSaulnier | — | Yea |
| Galgiani | — | Yea |
| Beth Gaines | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 1 | 7 | 0 | 3 |
| Total | 1 | 7 | 0 | 3 |
| % of votes cast | 9% | 64% | 0% | 27% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Lara | — | Nay |
| Roth | — | Not Voting |
| Cannella | — | Not Voting |
| Wyland | — | Not Voting |
| Galgiani | — | Nay |
| Hueso | — | Nay |
| Liu | — | Nay |
| Beall | — | Nay |
| DeSaulnier | — | Nay |
| Pavley | — | Nay |
| Beth Gaines | — | Yea |
Subjects
Frequently asked questions
- What does SB 902 do?
- (1) Existing law creates the High-Speed Rail Authority with specified powers and duties relating to the development and implementation of an intercity high-speed train system. Existing law authorizes the authority to acquire rights-of-way through purchase or eminent domain. Existing law sets forth the process for acquisition of property by eminent domain, including a requirement for adoption of a resolution of necessity. Before adopting a resolution of necessity, existing law requires a public entity to determine the fair market value of the property to be acquired and to offer that amount to the owner of the property. This bill would prohibit the authority, or the State Public Works Board acting on behalf of the authority, from adopting a resolution of necessity to commence an eminent domain proceeding to acquire a parcel of real property for the high-speed train system unless the resolution identifies the sources of all funds to be invested in the property, and the anticipated time of receipt of those funds, and declares that the authority, or the board, has offered to purchase the property at not less than the fair market value or the amount necessary to discharge the liens against the property, as described, whichever is greater. The bill would require the authority or the board to be responsible for compliance with any environmental protection laws or regulations that are applicable to the property it acquires pursuant to eminent domain. (2) This bill would declare that it is to take effect immediately as an urgency statute.
- Who sponsors SB 902?
- SB 902 is sponsored by Donnelly, Fuller, Gorell, Harkey, Vidak, Walters, and Jones, Brian W. (Republican).
- What is the current status of SB 902?
- This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 902?
- Track SB 902 free on One Click Politics — get push/email alerts when it moves.
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