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CALIFORNIA EMINENT DOMAIN LAW BLOG

Mobile Home Park Owner Fights Eminent Domain in Huntington Beach, 10/26/10

By A.J. Hazarabedian

The City of Huntington Beach is planning to widen Atlanta Avenue between Huntington and Delaware Streets.  However, the City’s plans will displace eight mobile homes located in the Pacific Mobile Home Park on Huntington Street.  In order to construct the project, the City needs an additional 25 feet of right-of-way, which happens to cut right into the mobile home park.

In Monday’s Orange County Register, the article, “H.B. mobile home park owner fights city’s property seizure,” discussed the issues in detail.  According to the article, the owner of the mobile home park is appealing the City’s environmental review of the project, “saying the City did not sufficiently study the potential impacts of the project.”

The article explains that “the City’s zoning administrator on Sept. 15 approved waiving the need for an in-depth environmental report, saying widening the street would not have any significant impacts on a variety of areas including air quality, noise and cultural resources, among other criteria.”

It looks like the City still has some hurdles to get through before this project will come to fruition.  One big hurdle?  Funding.  The article mentions that funding has yet to be approved for the Atlanta Avenue widening project.  The earliest the City sees construction beginning is 2013.

Redevelopment of Folsom Blvd. on Hold Pending Eminent Domain Court Battle, 10/26/10

By A.J. Hazarabedian

Folsom Boulevard and Rancho Cordova are in the news again.  This time, landowner/developer Lily Co. is fighting the Rancho Cordova Redevelopment Agency to stop them from acquiring a 9.5 acre property by eminent domain.

The Sacramento Bee published an article this week entitled, “3-way legal snarl stalls redevelopment on Folsom Boulevard,” detailing the “legal battle unfolding in Sacramento Superior Court.”

According to the article, the Lily Co., who owns the 9.5 acre property at La Loma Drive, had been working on an agreement with the Los Rios Community College District in 2007 to sell the property to the District for $8.6 million.  However, Samuel Fong, General Partner at the Lily Co., states the District backed out of the agreement and decided to take the land using the power of eminent domain.

It is stated in the article that “representatives for both the Rancho Cordova Redevelopment Agency and the Los Rios Community College District say the Lily allegations are wrong” and that “the college district let the deal lapse” because they could not agree on how they would clean the site which had been contaminated by a dry cleaning business which had once operated on the site.

A judge will have to decide in what has now become two cases: one fighting the eminent domain issue, and the other claiming a breach of a 2007 contract.

COPYRIGHT © 2010 Arthur J. Hazarabedian, Esq.