26 Feb WHAT IT MEANS TO BE IN THE PREFERRED ROUTE FOR A PUBLIC PROJECT
Q: I have been contact by the High Speed Rail Authority about my property in Bakersfield. The Authority told me that it needs my property for the project because it is in the preferred route. What does that mean?
A: In the agency’s planning, it maps out several potential routes for the project. The next step is that the agency begins its investigation to examine the project for feasibility, cost and environmental issues. The agency prepares an Environmental Impact Report which states the potential impacts of the project and it also typically states the preferred route and one or two alternative routes. The preferred route is the route that the agency would like its project to follow. Generally, if your property is on the preferred route, then it will probably be needed in some capacity for the project.
A property’s location within the preferred route is not a guarantee that your property will be taken for the project but, it is probably a good idea to consult with an Eminent Domain attorney to protect your rights. Consulting with an eminent domain attorney as early as possible can help protect your right to receive compensation, whether it be for the actual taking or, where appropriate, for relocation benefits. If an attorney takes your matter on a contingency fee basis, having legal counsel on hand early may cost you little to nothing out of pocket.
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