UN-JUST COMPENSATION: HOWSEVERANCE DAMAGES AND INVERSE CONDEMNATION WILL AFFECT CALIFORNIA HIGH-SPEED RAIL TAKINGS

摘要

California may soon face a showdown between the construction of modern day technology and the farms that have enriched the state for many years. The California High-Speed Rail system is quickly becoming a reality, with the first section of tracks, between Fresno and Bakers-field, scheduled to begin construction in 2012.1 This section alone is slated to cost an estimated $5.5 billion.2 The California High-Speed Rail line is set to dislocate approximately 1,900 acres of land between Merced and Bakersfield.3 Of this property, roughly 1,460 acres are farmland.4 Land that lies where rail routes are proposed will likely have to be acquired by the California Rail Authority ("Rail Authority") in order to begin construction.5 For land that will remain in private hands, nearly 2,445 to 3,860 acres of farmland state-wide listed as prime, important, or unique that will be affected by the project, the long-term effects of the project have come into great contention due to the extraordinary noise and vibration created by high-speed trains.