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Banning to Use Eminent Domain on Vacant Parcel, 5/13/11

By A.J. Hazarabedian

The City of Banning adopted a resolution of necessity this week, authorizing the use of eminent domain to acquire a vacant parcel which sits in the middle of their planned project area.  The project, Village at Paseo San Gorgonio, plans to revitalize a currently “blighted” downtown area.

The Banning-Beaumont Patch reported in their article, “Banning Proceeds With Eminent Domain to Acquire Property for Village at Paseo San Gorgonio Project,” that negotiations with property owners have been unsuccessful as the City has received no response to any offers made.

The parcel is owned by Frederick Huang, Audie Huang, and Jen Huang.  The City has offered them $75,000 for the parcel, which according to the article has been vacant since 1969.

City Councilmember Bob Botts is quoted in the article stating that “the City is on record…not to use eminent domain against residential properties…But this is a classic example, non-residential, unresponsive person, disinterested, and a vacant piece of property, and this will help the greater good for downtown Banning.”

Eminent domain proceedings will begin in a few weeks per Banning City Attorney David Aleshire.

The Los Angeles Dodgers and Eminent Domain, 5/12/11

By A.J. Hazarabedian

There is an interesting article in the Los Angeles Daily Journal today written by Professor Gideon Kanner relating the Los Angeles Dodgers to eminent domain“The Curse of Chavez Ravine” points out that the land upon which Dodger Stadium sits was acquired by eminent domain in the 1950s for a low-income housing project which never came to fruition.  The land was given to the Dodgers in the late 1950s by the City of Los Angeles and Dodger Stadium opened in 1962.  One of the more interesting aspects of the article is Professor Kanner’s reference to eminent domain in biblical times.  Many people tend to think that eminent domain is a relatively new phenomenon.  It isn’t.  As illustrated in Professor Kanner’s biblical references, eminent domain has essentially been around in one form or another as long as there has been private ownership of property.

The article can be found on Professor Kanner’s blog, Gideon’s Trumpet, by clicking here.

COPYRIGHT © 2010 Arthur J. Hazarabedian, Esq.