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National City's vote on eminent domain policy rankles biz community.


Extending Its Authority: National City unanimously approved the extension of its eminent domain authority at its July 17 City Council meeting after controversial comments and objections from the business community. The vote extends eminent domain power for 10 years, until 2017.

The Chamber of Commerce spoke out against the plan before the 3-0 approval and one local business is continuing that fight.

"We're going to fight the city's outrageous plan to take away our gym so a developer can build condos for rich people," said Victor Nunez, vice president of the Community Youth Athletic Center, a nonprofit boxing gym. "We are doing what we teach our kids to do; we are standing up for what is right."

Nunez said the extended authority and re-declaration of blight is a prelude to the inevitable condemnation of his business. Nunez has said that the city began discussions with a developer to turn an entire city block where the gym is located into high-rise condominiums before this vote.

Patricia Beard, National City redevelopment manager, said the city had worked with the athletic center for two years to find an alternative and larger facility. Beard said eminent domain authority is a tool that facilitates redevelopment. The city used this tool to acquire land to develop Education Village, a facility used by Southwestern College.

According to the Institute for Justice, an Arlington, Va.-based civil liberties law firm, now that the city has voted, the gym has no choice but to fight back. It reported that under state law, owners have three months to file a legal challenge after a city council votes to approve the eminent domain authorization.

"National City has completely ignored state law by going ahead with its plans to replace this working-class community with upscale development," said Dana Berliner, senior attorney at the institute, in a release. "In 2006, California passed a law requiring cities and redevelopment agencies to have better evidence and documentation for the need for eminent domain. When we told National City officials that their process violated this law, they didn't even blink."

Send real estate news to Michelle Mowad at mmowad@sdbj.com. She may also be reached at (858) 277-6359, ext. 3109.

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Title Annotation:REAL ESTATE
Author:Mowad, Michelle
Publication:San Diego Business Journal
Geographic Code:1U9CA
Date:Jul 30, 2007
Words:365
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