Eminent domain powers reinstated

By Amanda Beck, Yorba Linda Star, February 5, 2004

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The Yorba Linda Redevelopment Agency has acquired the power of eminent domain, and for the next eight years, it can condemn properties that lie within the boundaries of the Town Center Master Plan.

The City Council voted 4-0 Tuesday to endow the agency with this capacity. Councilman Michael Duvall abstained from deliberations and the council vote because he owns property within the zone.

But, he added, his investment in a new office building within the area should prove that he "whole-heartedly supports the council’s plans for the Town Center and the pedestrian bridge."

Other members also characterized their decision regarding eminent domain as a way of ensuring the renovation of Yorba Linda’s Town Center into the high-density and active community envisioned in the General Plan.

"I do support the Town Center project, and the harsh reality of that is that the tool of eminent domain is necessary to bring that project to fruition," Councilwoman Keri Wilson said.

Council member Jim Winder added that he thought the community itself had put forward the general concept for how it would like Yorba Linda to look and that it was partly his responsibility, as a councilman, to carry out these wishes.

"What’s envisioned down there is not just this council’s vision. It is and should be of considerable community interest," Winder said.

"I think we need to move the Town Center plan forward, and I think the use or the threatened use of eminent domain is a tool the council should have at its disposal," Winder said.

Tuesday’s decision had originally been scheduled for Jan. 20, when more than 80 residents filled Council Chambers to speak against the move.

Several of these residents had also suggested that the council consider reducing the proposed term of eminent domain from 12 years, the maximum allowed by law, to perhaps six years.

This would offer not only some peace of mind but also some protection against the designs of future City Councils, residents said.

On Tuesday, City Manager Terrance Belanger addressed this possibility and asked the council, should it be inclined to shorten the term, to choose a period between six and nine years so the agency would have an opportunity to finish its downtown work.

At Mayor Ken Ryan’s suggestion, the council adopted an eminent domain term of eight years. Some residents said that, though they appreciated this concession, it did not change the facts of the main decision.

"How do you put a dollar assessment on memories, on the struggle you took on to buy a house, on the blood, sweat and tears that you’ve put into the thing?" asked resident Jason Murrietta.

"I don’t care if it’s eight years or one day. If someone loses their property, then the City Council hasn’t done their job," Murrietta said.

Business owner Jessie Sioson said the specter of eminent domain would still haunt her.

"I would like to improve my property –add high density to the second and third floors. But now I can’t, because I don’t know what will happen," Sioson said.