Cities accused of accelerating eminent domain actions.As cities face the prospect of losing the power to give developers private property seized through eminent domain eminent domain, the right of a government to force the owner of private property sell it if it is needed for a public use. The right is based on the doctrine that a sovereign state has dominion over all lands and buildings within its borders, which has its origins in , some people are charging that municipalities are speeding up condemnation Condemnation bell, book, and candle symbols of Catholic excommunication rite. [Christianity: Brewer Note-Book, 85] Bridge of Sighs passage from Doge’s court to execution chamber in Renaissance Venice. [Ital. Hist. proceedings in Case a November initiative containing the restrictions passes. The claim is that cities may be spooked by public support of Proposition 90, which would limit the government's power of eminent domain only to "projects of public use" such as schools and roads. If passed, the state initiative is designed to go into effect immediately and is supposed to apply to eminent domain proceedings not yet completed. "The smart agencies and cities are getting their condemnation actions condemnation action n. a lawsuit brought by a public agency to acquire private property for public purposes (schools, highways, parks, hospitals, redevelopment, civic buildings, for example), and a determination of the value to be paid. on the record, doing resolution of necessity hearings, and getting offer letters done," said redevelopment expert Larry Kosmont, president of Kosmont Cos., an Encino-based development services company. "The idea is to document a case as being as far down the road as possible so it applies under the old rules as opposed to the new rules." The measure would radically change the way redevelopment projects are undertaken in California. State law has long allowed cities to use their eminent domain powers to take land from private property owners and give it to private developers for projects such as shopping centers shopping center, a concentration of retail, service, and entertainment enterprises designed to serve the surrounding region. The modern shopping center differs from its antecedents—bazaars and marketplaces—in that the shops are usually amalgamated into and housing. A recent survey conducted by the Field Poll indicates that a plurality The opinion of an appellate court in which more justices join than in any concurring opinion. The excess of votes cast for one candidate over those votes cast for any other candidate. Appellate panels are made up of three or more justices. of voters backs the proposition, put on the ballot by property fights advocates. Other states, including Idaho, Montana and Arizona have similar measures on the fall ballot. Locally, at least one private property owner facing a land seizure Forcible possession; a grasping, snatching, or putting in possession. In Criminal Law, a seizure is the forcible taking of property by a government law enforcement official from a person who is suspected of violating, or is known to have violated, the law. is charging that his municipality MUNICIPALITY. The body of officers, taken collectively, belonging to a city, who are appointed to manage its affairs and defend its interests. has sped up condemnation proceeding against him. Les Surfas, owner of Surfas Inc., a restaurant supply and gourmet food store, claims Culver City Culver City, city (1990 pop. 38,793), Los Angeles co., S Calif., a residential suburb of Los Angeles; inc. 1917. It is a center of the U.S. motion-picture industry, whose roots in the city date to c.1915. Its chief manufactures are rubber products and computers. is making a quick grab at three of his properties that serve as his warehouse operations before the November election--a charge the city denies. Meanwhile, local city and redevelopment officials, as well as statewide redevelopment interests, say there is no way that cities could accelerate eminent domain proceedings, even if they wanted to. "Lawyers have said to me that for anybody who is not near the end of their eminent domain transaction it would be fruitless fruit·less adj. 1. Producing no fruit. 2. Unproductive of success: a fruitless search. See Synonyms at futile. to try to speed something up because there is simply not enough time under the procedures that must be followed," said John Shirey, executive director of the California Redevelopment Association, which represents redevelopment agencies across the state. In Culver City, the municipality has plans for a private developer to build a mixed-use project on a nearly 2-acre site at Washington Boulevard The following roads are named Washington Boulevard:
Surfas operates his retail store across the street from the warehouse, and even though the store is not targeted, he said he could be forced to leave the city if the warehouse is taken because there is no viable replacement nearby. As part of the eminent domain process, the city's redevelopment agency is required to look an alternative site. "I believe a lot of this is being ramrodded through because of (Proposition) 90," said Surfas, who added that the city has only shown him one piece of for-sale property and he found it unsuitable. He acknowledges the city also has tried to show him property he can lease, but he doesn't want it. Surfas said he feels the city is "pushing to get it done." Kellee Fritzal, economic development administrator for the city's redevelopment agency, acknowledged that Culver City has used eminent domain four times this year--more than it had in the preceding eight years combined, when it was used twice. But she said that is simply a function of the fact the city is attempting to redevelop re·de·vel·op v. re·de·vel·oped, re·de·vel·op·ing, re·de·vel·ops v.tr. 1. To develop (something) again. 2. the "triangle area" where Surfas has his business and warehouse. "I don't think there has been any rush, I don't feel rushed," Fritzal said. "I'm not working 80 hours a week trying to get things done before (the proposition) passes--if it does. Am I concerned? Yes. But not about this project. I am concerned about projects down the line." Whatever the merits of Surfas' case, others say that they have heard of cities moving condemnation proceedings along at a faster pace. "I have heard it both ways--that cities are either expediting the process, which quite frankly is very challenging, and that cities have postponed their eminent domain proceedings to see the outcome in November," said Marko Mlikotin, executive director of the California Alliance to Protect Private Property Rights, which supports the initiative. BY DANIEL MILLER People called Daniel Miller include:
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