By CINDY ARORA YORBA LINDA STAR - March 23, 2006

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The City Council unanimously approved a resolution Tuesday rescinding its power to take private property in the city's Town Center area for private use, economic development or to increase tax revenue.

The resolution did not affect the Redeveloment Agency's authority to take private land in the area for public use.

To use eminent domain powers elsewhere in the city, "blight" would have to be found.

The decision will keep the city from transferring private land in the area to developers.

The council directed staff to come back April 4 with a report that will include all names and addresses that will be affected by the decision.

"I am supporting this primarily because we are in the process of assuring out community that this is important to us," said Ken Ryan, councilman.

There was resistance from community members who slammed the plans to restrict the Redevelopment Agency's power to take private property in the city's Town Center, saying the limits should extend citywide.

City Attorney Sonia Carvalho said that the city's authority to seize land was already limited to the Town Center, so there was no need for further restrictions.

She said the Redevelopment Agency only has the use of eminent domain in areas found to be "blighted."

"These are the only areas that are marked blighted," she said. "By passing this resolution we cannot come back ever unless we find new blight. And the standard for that is very difficult."

The decision would not eliminate the agency's powers altogether, which were established for eight years in February 2004 - over the objections of community members.

"Just take it out of the tool belt and you could repair a lot of fences in the city," said resident Pat Nelson, a member of Yorba Linda Residents for Responsible Redevelopment, which has led the opposition to a downtown development plan that would have brough scores of homes and shops into the area. A petition drive forced council members to rescind new zoning rules for the area, and the group is championing a June 6 ballot measure that would give voters the final say over major projects.

In 1990, the city council passed an ordinance declaring downtown Yorba Linda blighted.

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