HomeMy WebLinkAboutEMINENT DOMAIN OVERVIEW FOR PUBLIC INFORMATION - 4/22/884/22/88
EMINENT DOMAIN OVERVIEW
As communities throughout California work through the cycle of urban revitalization,
eminent domain may be a necessary tool to allow municipalities to acquire property for
public use or to reverse existing conditions of social or economic blight. The city's power
of condemnation is exercised only when negotiations to purchase are unable to be
resolved. The Huntington Beach City Council recognizes two distinct conditions which
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must be satisfied before utilizing it's power of eminent domain. The proposed land
acquisition ----must demonstrate public benefit such as the widening of roadways, park
expansion, or, as in- the case of the city's downtown revitalization efforts, construction of
a parking facility. The second category includes property which has been designated as
part of a Redevelopment Project Area and condemnation is necessary to reverse blighted,
deteriorating, and economic conditions within a Project Area.
An Area may be determined to be economically blighted due to various factors including
the prevalence of depreciated values, impaired investments, and less than optimal land
use resulting from the subdivision of property into many small lots. Redevelopment of
such an area is difficult, if not impossible, without the power of eminent domain used to
consolidate parcels. In the downtown district of Huntington Beach, condemnation
proceedings have been necessary to acquire private real estate for the public good, i.e.
construction of public parking facilities to advance the downtown revitalization process
which is vital to the economic health of the area, and to provide a stronger tax base which
benefits all residents. The use of eminent domain, therefore, is an action which is - - .
ultimately taken for the benefit of the larger community.
While -the Huntington Beach City Council/Redevelopmt..c Agency exercises great
discretion before deciding to utilize its power of eminent domain it is a tool that can
reduce _the cost and time of the redevelopment process. The action must be determined
to, not only promote the public welfare, but the land use must be judged to be the most
economically viable alternative for the community. Redevelopment in Huntington Beach
through the joint participation of the City and property owners has resulted in significant
accomplishments in a relatively short period of time, and is a financially .sound and
economically feasible process for revitalization of the community.
City acquisitions through eminent domain have included small lots for park purposes and
parcels for street widening projects -such as Warner Avenue. Two completed and
successful redevelopment project areas, in which the Agency's power of Eminent Domain.
was used to consolidate parcels, are the commercial shopping complex located at Golden
West and Warner and the highly acclaimed, award winning Emerald Cove and Windward
Cove projects at Beach and Talbert. In these cases small "encyclopedia lots" were
acquired and consolidated into larger parcels to make development possible.
When establishing a redevelopment project area, an implementation plan is also adopted.
This implementation plan would outline certain policies and procedures for subsequent
development taking place .within that project area. The city's downtown Main -Pier
Project Area has a "2/3 rule" as a part of its implementation plan. This 2/3 rule requires
that before the Redevelopment Agency can exercise its power of Eminent Domain for any
_ specific individualdevelopment proposal,_ 2/3of the property _having at _least 2/3 of
ownership effected by that proposal are either participants or in agreement to that
development proposal.
Within a redevelopment project area, such as Main —Pier, certain identifiable public needs
such as street widening and parking structures are necessary. These types of public needs
would fall under the category -of city acquisition for the public good as opposed to those
acquisitions required by the Redevelopment Agency and not governed by the
implementation plan's 2/3 rule.
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