Meyer

BACKGROUND

A. Eminent Domain Action In 2020, Mendocino Railway filed an action seeking to acquire by eminent domain a 20-acre undeveloped parcel (the property) in Willits, California owned by John Meyer. Mendocino Railway’s railroad runs along the southern boundary of the property. The stated purpose of the acquisition is the “construction and maintenance of rail facilities related to” Mendocino Railway’s “ongoing and future freight and passenger rail operations” (the project). Mendocino Railway avers it is “a California railroad corporation organized and existing under the laws of the State of California and is authorized by law to exercise the power of eminent domain to acquire private property for public use” under California Constitution, Article I, section 19; Public Utilities Code sections 229, 230, 611 and 7526, subdivision (g); and Code of Civil Procedure section1230.010 et seq. B. Evidence at Trial The sole witness at trial was Robert Pinoli, the President and Chief Executive Officer of Mendocino Railway. Origins of Rail Service Along the California Western Railroad The California Western Railroad (CWR) consists of a 40-mile stretch of railway between Fort Bragg and…