According to an Orange County Register article, "O.C. may force sale of property for tunnel," Orange County officials are considering the use of eminent domain to acquire 20 parking spaces from a Huntington Beach apartment complex. The property is necessary for a storm drain project which tunnels under the I-405 freeway.
The County's storm drain project is in response to a 1995 flood which required the evacuation of the apartment complex's ground-floor units. The property owner has been offered $96,500 for the 7,200 square feet that make up the 22 parking spaces.
The County's proposed taking, however, is only temporary, and the property will apparently be returned to the owner when construction is completed. Such an acquisition is typically referred to as a "Temporary Construction Easement," and although temporary, a property owner is still entitled to just compensation for the taking.
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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