Eminent Domain for California’s Social Infrastructure

Nossaman LLP
Contact

While much of the focus in California lately has been on eminent domain for transportation projects, there’s some new condemnations moving forward in both Northern California and Southern California for social — or community — development projects.

  • Down south, the San Diego Union Tribune reports that the Port of San Diego has exercised its condemnation powers to acquire four acres of prime property on Chula Vista’s Bayfront in order to construct the Chula Vista Bayfront Master Plan project.  The Master Plan, approved by the Coastal Commission in 2012, is a joint project between the Port and the City of Chula Vista to transform 550 acres into a waterfront destination.  The Port originally appraised the 4-acre parcel at $2.4 million, but reduced its appraised value and offer to $1.6 million after it discovered the presence of contamination.  The next step will be filing the eminent domain lawsuit in court.
  • Up north, the Mercury News reports that the City of Freemont has adopted a resolution of necessity allowing for the use of eminent domain to acquire a 1.54-acre parcel needed for the development of the Downtown Civic Center.  The City Council also approved a relocation plan for up to 23 businesses displaced by the acquisition of the property at 39156-39200 State Street, which structures will be demolished under Freemont’s plans for a new City Hall and other municipal buildings.  Adopted in 2014, the Civic Center Master Plan identifies a 5.7-acre site on the northeastern corner of Capitol Avenue and State Street for a large public plaza, city administrative offices, and other community-focused uses as well as adjacent parking.  Groundbreaking is expected to start in 2017.  The article reports that the property owner has retained an attorney and an appraiser, but has not responded to the City’s appraisal or offer or otherwise engaged in negotiations with the City.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nossaman LLP | Attorney Advertising

Written by:

Nossaman LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Nossaman LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide