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Eminent Domain and the California High-Speed Rail: What Property Owners Need to Know in 2025

By Peterson Law Group on July 11, 2025

A sleek, white high-speed train speeding through a tunnel with motion blur, directly symbolizing the California High-Speed Rail eminent domain project's impact on property.

The California High-Speed Rail project is one of the most ambitious infrastructure undertakings in state history—but for many property owners along the route, it’s also a source of confusion, stress, and legal battles.

If you own residential, agricultural, or commercial property anywhere near the planned or existing route—especially between Bakersfield and Merced—you may already be facing eminent domain actions or notices of intent from the state.

At Peterson Law Group PC, we help clients across California defend their property rights, fight government takings, and pursue fair compensation. If you’ve received notice—or even if you just suspect your land might be affected—this guide will help you understand how the process works and what legal tools are available to protect your interests.

What Is the California High-Speed Rail Project?

The California High-Speed Rail Authority (CHSRA) is building a 500+ mile bullet train system meant to connect major urban centers, with the initial operating segment running from Merced to Bakersfield. Construction is well underway in Central California, and 2025 will be a critical year for rail corridor property acquisition as additional segments expand and existing right-of-way issues are resolved.

Thousands of landowners have already been contacted by the state, and hundreds have had their land partially or fully acquired through eminent domain—often with little recourse or warning.

How Does Eminent Domain Work in California?

Eminent domain is the government’s legal power to take private property for public use. However, the U.S Constitutions and California law both require that landowners receive just compensation in return. The state cannot simply take what it wants without following legal procedures—and that includes making a fair offer, justifying the taking, and giving the owner a chance to challenge it.

What Property Owners Need to Watch for in 2025

As the Bakersfield-to-Merced segment moves toward operational readiness, CHSRA is accelerating its acquisition process. Key developments in 2025 will include:

  • New condemnation filings in Central Valley counties
  • Property clearance activities for construction staging, access roads, and environmental mitigation zones
  • Post-construction litigation over damages to adjacent properties (access loss, flooding, utility disruption)

Even if your land isn’t directly in the train’s path, you may be affected by supporting infrastructure—bridges, access roads, drainage systems, and electric transmission lines.

You Don’t Have to Accept the State’s First Offer

One of the most common mistakes we see is property owners agreeing to the state’s initial valuation of their land or business losses. These offers are frequently based on generic appraisals that overlook the property’s unique characteristics or commercial potential.

As a property owner, you have the right to:

  • Hire your own appraiser to evaluate market value and damages
  • Challenge the taking in court if the public use is not properly justified
  • Negotiate relocation assistance, loss of business goodwill, or severance damages
  • File inverse condemnation claims if your land is affected without a formal taking

You deserve full and fair compensation—not just for the land itself, but also for any economic harm the taking causes.

Common Issues in Rail-Related Eminent Domain Claims

Partial Takings

The state often takes only a portion of a parcel, but that doesn’t mean the rest of the land is unaffected. Remaining land can lose access, suffer from increased noise or vibration, or drop in market value due to proximity to the rail line.

We work to recover severance damages—compensation for the diminished value of what remains.

Business Losses

If your commercial property or agricultural operation is impacted, you may be entitled to more than just real estate value. You could recover for:

  • Lost income
  • Relocation costs
  • Interruption of services
  • Decreased marketability

Improper Use or Overreach

In some cases, CHSRA may seek to take more land than is strictly necessary. We can challenge these takings on the basis that the property is not needed for a true public use—or that the process was flawed.

Inverse Condemnation

Even if no formal notice has been filed, you might still be suffering consequences of the project. For example:

  • Drainage issues due to grading
  • Limited access caused by construction staging
  • Environmental damage to adjacent lands

In these cases, a properly filed inverse condemnation claim may be your path to fair compensation.

How to Respond If You’re Contacted by the Rail Authority

If you receive a notice of intent, a request for property access, or an official offer from the CHSRA:

  1. Do not sign anything without legal review.
    These documents are legally binding and may limit your future rights.
  2. Consult a California eminent domain attorney.
    The sooner you involve a legal advocate, the better your chance of protecting your full rights and maximizing compensation.
  3. Get a second appraisal.
    Independent property valuation is essential for identifying lowball offers.
  4. Document your business or personal use of the land.
    This includes income records, development plans, easement usage, and any access points.

Maximizing Compensation

Under California law, just compensation includes more than just a check for land value. A skilled attorney can help you recover for:

  • Fair market value of the taken property
  • Damages to remaining property (if only part is taken)
  • Relocation and reestablishment expenses
  • Loss of business goodwill or operating capacity
  • Any decrease in income due to construction or access interference

At Peterson Law Group PC, we negotiate aggressively on behalf of our clients and, when needed, litigate to hold the state accountable. Our team has extensive experience handling complex eminent domain and land use cases, especially those involving infrastructure projects like highways, transit corridors, and utility easements.

Serving Central California Property Owners

We are proud to represent clients in the heart of the High-Speed Rail’s current construction area—including Fresno, Madera, Kings, Kern, and Merced Counties. Whether you’re a farmer, homeowner, business owner, or investor, we can help you assert your rights and recover what you’re owed.

Don’t let the complexity of government processes or the pressure of state officials stop you from demanding full and fair treatment.

John Peterson of Peterson Law Group PC is one of the most respected and successful eminent domain lawyers in California, and he’s earned some impressive credentials:

  • Over 38 years of experience
  • Member: The American Board of Trial Advocates
  • Elected Member: American Board of Trial Advocates (ABOTA)
  • AV Rating from Martindale-Hubbell® AV
  • Listed by Super Lawyers in Southern California
  • Named “Lawyer of the Year” for Los Angeles by Best Lawyers for Eminent Domain and Condemnation Law

Speak With a Prominent California Eminent Domain Lawyer Today

If your property is at risk due to the California High-Speed Rail project—or if you’ve already been contacted by CHSRA—it’s time to take action. We will review your case, explain your rights, and build a strategy to pursue maximum compensation for your property or business.

Call Peterson Law Group PC to schedule a free consultation today—(213) 236-9720.

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