CALIFORNIA EMINENT DOMAIN LAW BLOG

By A.J. Hazarabedian

Newport Beach city council members voted to adopt a resolution of necessity this week to acquire a portion of Back Bay Court Property Co.’s property on Jamboree Road.

According to the Orange County Register article, “City OKs using eminent domain on mini-mall,” the sliver of land is needed for the Jamboree Road Bridge widening over State Route 73 project.  The property is located at 3601 Jamboree Road, which is a mini-mall right off the 73 freeway.

The article states, “Newport Beach offered $452,000 for the property along Jamboree Road at the 73 freeway, a figure that also includes compensation for temporary use of additional land during construction.”

The property owner said “a fair price hasn’t yet been established but that the city’s offer is insufficient.”  The article also mentions that the attorney for the property owner claims “the widening would result in removal of shopping center signs and construction of a retaining wall, resulting in ’significantly less visibility’ for retail tenants.”

As we discuss in our “California Eminent Domain Handbook,” often times the government only needs a portion of a particular property, much like this situation in Newport Beach.  In these cases, just compensation is determined not only by the value of the part taken, but also by the damage to the remaining property.  Such damages are called “severance damages,” i.e., damages caused by severance of the remainder from the part taken.  Severance damages is one of those areas which is highly specific to eminent domain cases.  As such, it is imperative that only an appraiser experienced in eminent domain be retained to evaluate these damages.  Experienced eminent domain counsel, such as California Eminent Domain Law Group, can and do recommend to their clients such appraisers with whom the attorneys work on a regular basis.

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By A.J. Hazarabedian

We posted an article in March about San Pablo and the city council’s hope to reinstate the power of eminent domain for 12 years.

In yesterday’s Mercury News there was a new article discussing the results of a recent city council meeting, where the San Pablo city council voted against “a series of ordinances and resolutions to amend redevelopment plans covering more than 90 percent of the city.”  Among those ordinances was one to restore the city’s power of eminent domain for 12 years.  The article, “San Pablo dumps eminent domain plans,” recounts the four month long public debate where residents argued against everything from blight surveys to power point presentations glorifying the accomplishments of past redevelopment projects.

The residents would not budge, and even threatened a recall.  Per the article, residents were feeling betrayed by the city, calling eminent domain, “a cruel and brutal tool and accused the city of a secret agenda to kill working-class people’s American dream of homeownership to accommodate out-of-town developers’ vision of a gentrified San Pablo.”

At this point, residents can have some comfort in knowing that their efforts paid off (at least for now).

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By A.J. Hazarabedian

In November of last year, we posted an article about a land swap deal in Lake Forest.  This week, the Orange County Register is reporting that the, “eminent domain tug-of-war between a Rancho Santa Margarita family and the city of Lake Forest over a 6-acre parcel of land has been settled.”

The article, “Settlement sets stage for land swap, sports park,” explains that Vince Hernandez, the landowner, will receive $1.35 million for his property; about half of what he had wanted, yet almost double the city’s original offer.  This property will now be part of a land swap between the city of Lake Forest and the County of Orange.  As part of the deal, “the city will receive 38 acres northwest of Portola Parkway and El Toro Road where it plans to build a sports park and recreation center.”  The sports park played a role in the Hernandez family’s decision to settle.  Per the article, Vince Hernandez is a local Pop Warner and Little League coach and liked the idea of how the city would benefit from the park.

The $39 million park could have a construction start date as early as late 2010.

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By A.J. Hazarabedian

Elsinore Valley Municipal Water District received a favorable verdict in a case involving a right to take action.  Property owner, John O’Doherty was challenging the water district’s right to take a portion of Third Street for a water pumping station.

The verdict was discussed in a recent Press-Enterprise article, “Judge rules in favor of Elsinore Valley water district in eminent domain case.” It appears that the water district did not actually acquire Mr. O’Doherty’s property; rather, the property they did acquire would, according to O’Doherty, “[limit] access to [the] property he owns near Third and Collier, [diminish] the value of the property and [increase] the potential for flooding on the land.”  Mr. O’Doherty sought $768,000 in damages from the water district and challenged their right to use the property.

The result: Riverside County Superior Court Judge Peter L. Spinetta ruled “that the water district had the right to take and use a portion of Third Street near Collier Avenue for the station and that the project was more necessary than the road being used as a footpath or for vehicle traffic.”

As we discuss in our “California Eminent Domain Handbook,” successful challenges to the government’s right to take a particular property are the exception, not the rule, and usually result only in a delay, rather than outright prevention of the government’s right to take.  Each case must be evaluated on its own facts and experienced eminent domain counsel should be consulted.

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By A.J. Hazarabedian

As a follow up to a previous post, the Orange County Register is reporting that the Seal Beach City Council voted to move forward with the River’s End project, even with the objections from developer, Bay City Partners.

The developer’s concerns, according to the article, “Seal Beach moves ahead with $2 million park project,” are “a bit of a stretch,” said Councilman Charles Antos.  Some of the environmental concerns include global warming, traffic and soil impacts.

The city claims the developer’s concern for future development of their land “has nothing to do with the city’s River’s End improvements.”

The city will continue with the eminent domain process to acquire the land necessary to complete the River’s End project.

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By A.J. Hazarabedian

Bay City Partners, a local developer in Seal Beach, has filed a lawsuit against the city claiming the city did not do a proper environmental study for the River’s End Project, according to the Orange County Register.

The article, “Developer fights city project, eminent domain process,” explains the developer’s frustrations with the city’s plans, as they may interfere with potential development plans for the site.  Bay City Partners’ project development manager, Edward Selich, is unhappy with the city’s “lowball offer,” suggesting the land could go from $500 to $700 per square foot, while the city is only offering $4.50.  Mr. Selich sent a letter to the Orange County Register, calling this an “unwarranted abuse by the city of the power of eminent domain.”

The city is trying to acquire a driveway, but because of its possible interference with future developments, Bay City Partners has “suggested the city should purchase the entire property, find an alternative to the public access road or enter into an agreement with the landowner to lease the road to the city for public use.”

The city’s project will be discussed at Monday’s public hearing.

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By A.J. Hazarabedian

The Board of Supervisors in Tulare County met Tuesday to decide whether or not to use eminent domain to acquire property for a street widening project in the town of Goshen.

There were 11 parcels on the agenda and all resolutions of necessity were adopted.  This means the county will be moving forward with acquiring the properties by eminent domain.

The Visalia-Times Delta has been following this story and yesterday had an article, “Tulare County to claim Goshen land for road project,” outlining the project as well as the outcome of Tuesday’s Board of Supervisors meeting.

The project will “widen Betty Drive and Riggin Avenue, or Avenue 312, from two to four lanes,” and will, “extend Riggin to Road 80 in Visalia and build a bridge on Betty over railroad tracks between Camp and Effie drives.”

The county is said to be using eminent domain in order to get the project moving forward.

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By A.J. Hazarabedian

San Luis Obispo County Board of Supervisors took the next step towards acquiring parcels for Nipomo’s Willow Road interchange project on Tuesday.  As discussed in the Santa Maria Times article, “Board OKs use of eminent domain,” the board voted to adopt resolutions of necessity to acquire three parcels of land.

The article states, “because of time constraints, county staff told the supervisors it was necessary to start eminent domain proceedings in case ongoing negotiations with the property owners who have yet to settle fail.”

Eminent domain is the power of local, state or federal government agencies to take private property for “public use” so long as the government pays “just compensation.”  The government can exercise its power of eminent domain even if the owner does not wish to sell his or her property.

Construction for this project is expected to begin winter 2011.

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By A.J. Hazarabedian

As a follow up to a previous post regarding the Pasadena property located at 78 N. Marengo Avenue, the Pasadena City Council has decided to move forward with acquiring the property by eminent domain.

In yesterday’s Pasadena Star News there was an article, “Pasadena City Council votes to use eminent domain on abandoned YWCA building,” discussing the situation.

Per the article, the Pasadena City Council has chosen to authorize the use of eminent domain to acquire Angela Chen-Sabella’s vacant building.  The article also mentions that the vote was unanimous.

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By A.J. Hazarabedian

A lane widening project is underway in the City of Antioch, which according to the Contra Costa Public Works Department, will require acquisition of a few properties.

A recent KCBS news article, “Contra Costa Evokes Eminent Domain to Make Way for Highway,” reports that a traffic chokepoint will be alleviated, although eminent domain will need to be used.  The project includes a new off-ramp to Somersville and widening of Somersville, with construction anticipated to begin this summer.

County Supervisor Federal Glover states in the article, “unfortunately eminent domain is one of those things that we have to use when we can’t find an agreement, in order to achieve our goal.”

They are one step closer to their goal, as a resolution of necessity to acquire the necessary properties was adopted March 23, 2010.

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