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, Chair of Nossaman's Eminent Domain & Valuation Group, guides property owners, developers, businesses, utilities, and public agencies through complex real estate development and infrastructure projects – ...Full Bio | All Posts | Email | 949.833.7800
California Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain in California. We cover all aspects of eminent domain in California, including condemnation, inverse condemnation and regulatory takings. We also keep track of current cases, project announcements, budget issues, legislative reform efforts and report on all major California eminent domain conferences and seminars.
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