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EMINENT DOMAIN RESTORED?


Byline: Angie Valencia Staff Writer

MOORPARK - The city's Redevelopment Agency has moved to broaden its powers of 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 , expecting downtown revitalization re·vi·tal·ize  
tr.v. re·vi·tal·ized, re·vi·tal·iz·ing, re·vi·tal·iz·es
To impart new life or vigor to: plans to revitalize inner-city neighborhoods; tried to revitalize a flagging economy.
 plans to require the takeover of blighted blight  
n.
1.
a. Any of numerous plant diseases resulting in sudden conspicuous wilting and dying of affected parts, especially young, growing tissues.

b.
 and incompatible commercial sites.

This past week, board members agreed to amend Moorpark's Redevelopment Plan and restore powers of eminent domain that had lapsed LEGACY, LAPSED. A legacy is said to be lapsed or extinguished, when the legatee dies before the testator, or before the condition upon which the legacy is given has been performed, or before the time at which it is directed to vest in interest has arrived. Bac. Ab. Legacy, E; Com. Dig.  in 2001.

``The amendment is restricted to commercial and industrial property,'' said Assistant City Manager Hugh Riley. ``There's a prohibition against condemning owner-occupied or residential property.''

In 1989 - two years after the redevelopment agency was created - Moorpark voters barred the agency from the takeover of residential property through eminent domain.

The City Council is expected to hold a first reading of the amended ordinance A law, statute, or regulation enacted by a Municipal Corporation.

An ordinance is a law passed by a municipal government. A municipality, such as a city, town, village, or borough, is a political subdivision of a state within which a municipal corporation has been
 in September. If adopted, the new rules would be in place sometime in November.

The city staff is recommending that the agency restore the authority for the maximum 12-year period.

Moorpark officials will move ahead to identify properties that could be condemned within the Project Area, with includes Moorpark Avenue, High Street and Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  Avenue.

Dale Whitaker, who was on the original formation committee, said the move concerns him.

``I don't trust the Redevelopment Agency and especially in regards to eminent domain,'' Whitaker said. ``I'm concerned to see that they're truly just trying to bring back what they originally had.''

Angie Valencia, (805) 583-7604

angie.valencia(at)dailynews.com
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Publication:Daily News (Los Angeles, CA)
Date:May 9, 2004
Words:227
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