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Environmental

Apr. 1, 2014

Ruling may put the brakes on some CEQA investigations

A new decision means the government may need to use eminent domain rather than "right-of-entry" statutes to gain access to properties for CEQA investigations. By Rick Rayl and Brad Kuhn


By Rick Rayl and Brad Kuhn


For years, public agencies have utilized a statutory "right-of-entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with a condemnation action. Often, this happens during an environmental review process conducted pursuant to the California Environmental Quality Act (CEQA), during which agencies must assess the environmental impacts a proposed project ...

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