An update to this post: In LA, city officials have declared a shopping center blighted and are seeking to use eminent domain to take the land. The land will then be used for a residential and retail project. The latest:

A U.S. District Court judge Thursday dismissed a lawsuit that claimed the city of Glendale did not have the authority to acquire land on the proposed Americana at Brand site.

Better Foods Land Investment Company, which owns the property occupied by Rite Aid and Big 5 Sporting Goods on Harvard Street and Central Avenue, argued that the city could not use eminent domain to acquire its land because the land is not blighted. Eminent domain gives cities the authority to seize land for fair market value when it’s deemed in the public’s best interest.

Judge S. James Otero dismissed the lawsuit, saying that the claim can be resolved in a Superior Court through normal eminent domain procedures. If a Superior Court judge grants eminent domain, the court would force the sale of the land for a set price.

Another abuse of the term blighted? No way to tell for certain. However, if it is blighted, shouldn’t the city enforce codes first to get the property in compliance? Also, the fact they plan on taking from one private party to give it to another wreaks of abuse.

Posted in Eminent Domain on August 20th, 2004 by SayUncle | RSS 2.0 |