Will California's CEQA Reform Impact Condemnation?

Acquiring property for public projects typically does not occur until after the project has received environmental approval. In California, complying with the California Environmental Quality Act (CEQA) can sometimes take years, thereby significantly delaying the right-of-way acquisition process, holding up the delivery of public infrastructure projects. With the legislature recently enacting CEQA reform, will this expedite the timing for property acquisitions and eminent domain proceedings? Maybe, depending on the project.

California courts have traditionally held that "compliance with CEQA is mandatory before a public entity may condemn property for a proposed project." (See City of Stockton v. Marina Towers LLC (2009) 171 Cal.App.4^th 93.) While that bright-line rule has been slightly blurred (see Condemn Now, CEQA Compliance Later), generally property acquisitions, and in particular condemnation actions, do not move forward until a proposed public project has