California Eminent Domain Report

We've been following the City of Barstow's potential reinstatement of its redevelopment agency's power of eminent domain, most recently noting that a special hearing was set for August 5.  According to a Desert Dispatch article from over the weekend, "Eminent domain power reinstated for parts Riverside Drive and east Barstow," the reinstatement was only partly successful:  the redevelopment agency can now use eminent domain on commercial property in Project Area 1 (the eastern part of the City at the end of Riverside Drive near the sewer plant), but a deadlocked vote caused the City's reinstatement of its eminent domain power for Project Area 2 (the area near Home Depot) to fail.

This means that the redevelopment agency can use the power of eminent domain for non-residential properties lying in the area between Interstate 15 and the BNSF railroad along Interstate 40, as well as land surrounding Walmart.  Whether the remaining Project Area 1 land will be potentially subject to eminent domain is still under consideration, as several council members had potential conflicts of interest, as they either worked or lived within the project area.  The City hired an appraiser and economist to determine whether the reinstatement of eminent domain in Project Area 1 would impact the council members' homes or businesses, and the expert's opinion came back negative.  The council will re-vote on the issue at the August 16th meeting.