Court Reverses Course – Finds Public Use for Skunk Train Expansion

Below is an excerpt of a story in the “Eminent Domain Report” – click here to read the full story.

An eminent domain case has been playing out over the past several years in Mendocino County related to the Skunk Train. In 2023, the court concluded that the Skunk Train operator, Mendocino Railway, did not have the right to take property because it was not proposing to put the property to a public use.

Mendocino Railway v. Meyer arose from a condemnation action in which Mendocino Railway sought to acquire private property to expand and support its rail operations in Mendocino County. The railway asserted that it was a common-carrier public utility authorized to provide passenger and freight rail service and therefore possessed the power of eminent domain under California law.

The property owners challenged the taking, arguing that Mendocino Railway was not a true public utility and that the proposed project did not serve a valid public use. The court agreed with the property owners and denied the railway’s right to condemn the property. Mendocino Railway then appealed. The Court of Appeal recently reversed the original ruling, concluding that Mendocino Railway had established its authority to exercise eminent domain and that the evidence was sufficient to allow the condemnation action to proceed.

Mendocino Railway v. Meyer reinforces the principle that public utilities may exercise eminent domain for legitimate transportation purposes, while underscoring the importance of credible planning and evidentiary support. The decision provides useful guidance for both condemning agencies and property owners navigating the boundaries of public use and necessity under California law.