The U.S. Court of Appeals for the Ninth Circuit in San Francisco. (Photo: Jason Doiy/ALM) 9th Circuit, Vacating District Court's Injunction, Allows California Department of Transportation to Clear Homeless Encampments
The California Department of Transportation was previously ordered to give homeless campers six months to relocate before clearing their encampments along the state's freeways. Now, however, Caltrans has gotten the go-ahead to clear out the encampments immediately, thanks to the U.S. Court of Appeals for the Ninth Circuit's reversal of a district court's injunction.
April 28, 2022 at 06:33 PM
4 minute read
State and Local Government
The California Department of Transportation was previously ordered to give homeless campers six months to relocate before clearing their encampments along the state's freeways. Now, however, Caltrans has gotten the go-ahead to clear out the encampments immediately, thanks to the U.S. Court of Appeals for the Ninth Circuit's reversal of a district court's injunction.
Within the boundaries of Caltrans' authority includes the right to "'do any act necessary, convenient or proper for the maintenance or use of all highways,'" according to the appeals court's April 27 opinion. Exceptions to this authority were temporarily made during the COVID-19 pandemic, which posed a serious health concern to the homeless population.
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