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Eminent Domain

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NEWS
By Steve Smith | June 21, 2010
The city of Newport Beach is poised to exercise eminent domain in order to finish building a new road. According to the City Council, a piece of land is on its radar because it completes the widening of the Jamboree Road bridge across the Corona del Mar (73) Freeway. On June 8, the council voted 6-1 to seize the property, calling it a "resolution of necessity." The lone dissenting vote was cast by Councilman Ed Selich, who wanted to continue to negotiate with the property's owners.
NEWS
By Sarah Peters | June 10, 2010
The Newport Beach City Council has approved the use of eminent domain to acquire a parcel of land from reluctant property owners along Jamboree Road to complete a street-widening project. The city offered to purchase the land for $452,000 in January, but was unable to reach an agreement with the property owners of the land, which spans a tenth of an acre and has no buildings, according to staff report. Citing it as a "resolution of necessity," the council approved the action in a 6-1 vote Tuesday evening.
NEWS
By Mike Reicher, mike.reicher@latimes.com | June 19, 2010
Sometimes it's hard to imagine 20 years down the road. Will the Back Bay be dredged? The Great Park built? In three decades the city of Newport Beach foresees gridlock, especially at the intersection of Jamboree Road and the 73 Freeway. City leaders envision so many red taillights that they want to widen the road there. But to do that, they must build on private property. Karen Dabby and her husband, Frank, own some of that property, and they're not buying the city's argument.
NEWS
July 20, 2005
STEVE SMITH Not long ago, the loss of public trust was of great concern to those in power. Even Richard Nixon, whose resolve to continue the Vietnam War was thought to be unshakable, had moments of doubt, thanks to massive public protests against the fighting. In the wee hours of the morning of May 9, 1970, Nixon visited the Lincoln Memorial, where he found protesters scattered about trying to get some sleep. He was there because he was concerned about what people thought, even people with whom he had little in common.
NEWS
May 31, 2000
Sue Doyle COSTA MESA -- The California Department of Transportation has filed court documents against C.J. Segerstrom & Sons in an attempt to acquire property needed for an upcoming freeway project. Caltrans is attempting to purchase from the Costa Mesa-based developer pieces of land near the San Diego Freeway at Harbor Boulevard and Fairview Road, said Stephen Chase, an attorney representing the transportation agency. Caltrans filed two eminent domain complaints in Orange County Superior Court last week.
NEWS
March 9, 2004
June Casagrande City officials say the land isn't worth more than $33.75 a square foot. The owners reportedly want about $37 a square foot for the site of two Santa Ana Heights homes. It may take a judge to say who's right. The city is considering using eminent domain to take control of land officials say they need for a new fire station. The adjacent parcels at the corner of Mesa Drive and Acacia Street are now the homes of Laurie Davis and her parents, Alva and Mary Spann Davis.
NEWS
By Ron Foster and Dick Schroeder | December 3, 2006
When the Newport Beach City Council placed Measure W — written by Councilman Keith Curry — on the Nov. 7 ballot, our city's leadership was essentially asking the voting public to voice its opinion on the concept of eminent domain in principle and Newport Beach's limited use of it specifically. We answered the call. Measure W was overwhelmingly approved with 76.4% of the vote, receiving more votes, 22,517, than any of the council candidates in their respective districts.
NEWS
May 25, 2007
Costa Mesa won't try to boost its eminent domain powers, though an upcoming City Council agenda item may appear to the contrary, City Atty. Kimberly Hall Barlow said this week. She's already received calls of concern about an ordinance the council will discuss June 5. The rule describes the city's program for using eminent domain to acquire property, but it doesn't grant the power of eminent domain. Barlow said she's bringing the measure forward because it's required by a new state law. The only place Costa Mesa officials have had eminent domain power in recent years was the downtown redevelopment area — which includes Triangle Square — and that power expired in 1999.
NEWS
By Alicia Robinson | April 13, 2006
Limiting the use of eminent domain is all the rage, and Newport Beach voters may find it on their ballots at least twice this year. The Newport Beach City Council on Tuesday asked the city attorney to draw up a rule that would prevent the city from using eminent domain to forcibly take property and turn it over to private development. Existing law allows governments in some cases to acquire property for public uses, but the U.S. Supreme Court recently ruled that the economic benefits of private development qualified a project as a "public use."
NEWS
By Kathleen Stinson | March 24, 2006
The Newport Beach City Council may soon join other local governments across the country and limit the power of eminent domain to take private property for commercial development. Newport Beach City Councilman Keith Curry said Wednesday that he will introduce an ordinance to prohibit the use of eminent domain for the purpose of taking private property and transferring it to another private property owner. He plans to pattern the ordinance after proposed Measure A ? drafted by Orange County Supervisor Chris Norby ?
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NEWS
By Steve Smith | June 21, 2010
The city of Newport Beach is poised to exercise eminent domain in order to finish building a new road. According to the City Council, a piece of land is on its radar because it completes the widening of the Jamboree Road bridge across the Corona del Mar (73) Freeway. On June 8, the council voted 6-1 to seize the property, calling it a "resolution of necessity." The lone dissenting vote was cast by Councilman Ed Selich, who wanted to continue to negotiate with the property's owners.
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NEWS
By Mike Reicher, mike.reicher@latimes.com | June 19, 2010
Sometimes it's hard to imagine 20 years down the road. Will the Back Bay be dredged? The Great Park built? In three decades the city of Newport Beach foresees gridlock, especially at the intersection of Jamboree Road and the 73 Freeway. City leaders envision so many red taillights that they want to widen the road there. But to do that, they must build on private property. Karen Dabby and her husband, Frank, own some of that property, and they're not buying the city's argument.
NEWS
By Sarah Peters | June 10, 2010
The Newport Beach City Council has approved the use of eminent domain to acquire a parcel of land from reluctant property owners along Jamboree Road to complete a street-widening project. The city offered to purchase the land for $452,000 in January, but was unable to reach an agreement with the property owners of the land, which spans a tenth of an acre and has no buildings, according to staff report. Citing it as a "resolution of necessity," the council approved the action in a 6-1 vote Tuesday evening.
NEWS
May 31, 2008
Voters will go to the polls Tuesday for this year’s statewide primary election. The 46th Congressional District, held by U.S. Rep. Dana Rohrabacher since 1989, has a contested primary on both the Republican and Democratic sides. Rohrabacher faces lawyer Ron St. John, while Huntington Beach Mayor Debbie Cook faces business technology consultant Dan Kalmick. We asked the candidates in contested primaries about their stances on issues and compiled their responses in this voter guide.
NEWS
May 15, 2008
Gov. Schwarzenegger recently argued Prop. 98 would hurt public works projects by restricting the government’s eminent domain authority. It would phase out rent control and make it harder for the government to force the sale of private property when it’s deemed in the public’s best interest. Where do you stand on Prop. 98, and why?   In 2005, the U.S. Supreme Court ruled that cities had the right to use eminent domain to take land from a private property owner and transfer it to private developers under the guise that developing the land would be a “public benefit.
NEWS
By Tom Harman | May 14, 2008
John Locke’s Second Treatise on government established the philosophical foundation for much of the American system of government — and brought forth the idea of “natural rights,” such as life, liberty and the right to own property. The wording of the 5th Amendment to the U.S. Constitution can be traced directly to the teachings of Locke. While many Americans are familiar with the 5th Amendment for granting them protections against self-incrimination, the 5th Amendment contains an even more important statement of individual rights.
NEWS
May 25, 2007
Costa Mesa won't try to boost its eminent domain powers, though an upcoming City Council agenda item may appear to the contrary, City Atty. Kimberly Hall Barlow said this week. She's already received calls of concern about an ordinance the council will discuss June 5. The rule describes the city's program for using eminent domain to acquire property, but it doesn't grant the power of eminent domain. Barlow said she's bringing the measure forward because it's required by a new state law. The only place Costa Mesa officials have had eminent domain power in recent years was the downtown redevelopment area — which includes Triangle Square — and that power expired in 1999.
NEWS
December 24, 2006
What a year Newport Beach has had. It all started in January with a Rose Parade float, ridden by none other than then Mayor Don Webb, that commemorated the city's 100-year anniversary. That event was soon followed by a multitude of centennial events that kept the city partying for the better part of 2006. And there was political news as well. The voters, for the first time ever, were asked to elect six out of seven council seats in November. That number was inflated because of the unusual number of council seats that had been filled by appointees after elected council members had resigned.
NEWS
By STEVE SMITH | December 16, 2006
There are several very important things that every American should expect from his government. Among them, he should expect that his property will not be seized by the government for the purpose of eminent domain. The prospect of having one's property seized by the government against the will of the owner because it wishes to use it for its own purposes is a move of such horrific proportion that it conjures up images of dictatorships and closed societies. Several months ago, when Triangle Square — Costa Mesa's failing, ailing mall — finally made it onto the radar of the City Council, one of the options expressed by a council member was to exercise the power of eminent domain.
NEWS
December 14, 2006
On Dec. 9 there was an article regarding the city taking the Newport Beach tennis club for the new city hall ("City may have to fight to get tennis club"). I oppose this action. Let them enlarge the existing site or build next to the library. Why take a privately owned high-profile site like the tennis club? The voters showed their opinion in the last election. Isn't anyone in City Hall listening? If we allow this, where will it end? MARTHA UNICKEL Newport Beach I have lived in Newport Beach since 1976, and I don't think eminent domain is or ever was meant to be used for this purpose.
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