According to a San Diego Union Tribune article that was published over the weekend, the City of Encinitas has turned to the use of eminent domain to complete a $1.3 million drainage improvement project for an area impacted by flooding. The article, "Encinitas to seize land for drainage work," reports that the city has reached a deal with six of the seven impacted property owners. The hold-out property owner will face having a portion of its property condemned so the city can expand an already existing easement and install a drainage pipe under a horse trail.
The hold-out owner requested a delay in the decision to use eminent domain, but the city declined, citing the need to complete the drainage improvements during the dry season. The city also noted that the easement will not require the demolition of any structures, and the horse trail will be rebuilt once the pipe is in place.
Brad Kuhn serves as Chair of Nossaman's Eminent Domain & Valuation Group. Brad is a real estate and business litigation attorney, with a particular emphasis in the transportation, energy/gas, water, land-use development, and ...
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