Eminent Domain For Off-Site Public Improvements Associated With Private Development

Most private development projects in California trigger some sort of discretionary public approval, whether it be environmental review, zone changes, permits, or other forms of entitlement approvals. As part of that approval process, public agencies are more frequently demanding certain off-site public improvements to accommodate the proposed private development. Such improvements could include, for example, street widenings to accommodate additional traffic, pump stations for additional water capacity, or flood improvements to address drainage or run-off concerns. When constructing these off-site improvements necessitates acquiring private property, can eminent domain be utilized, and if so, how does the process work?