California Eminent Domain Report

Last night, the Riverside City Council approved the use of eminent domain to acquire the land necessary for the Five Points intersection project.  The project includes widening La Sierra and Hole avenues and Pierce Street, adding left turn lanes, and closing Bushnell Avenue off as a cul-de-sac at La Sierra.

According to the Press Enterprise article, "Riverside to spend $5 million on Five Points parcels," the City expects the acquisition to cost $5.4 million in order to compensate 15 property owners for land, furniture, and equipment.  Three landowners have reached deals, while the remaining 12 are still in discussions with the City.

While the project only requires strips of land from the parcels, the city is taking some complete properties because of the loss of access.  Under California law, a condemning agency is typically required to acquire an entire property if the remainder will be left an uneconomic remnant.  (Cal. Code Civ. Proc., sec. 1240.410.)  Interestingly, the city is contemplating whether the current owners should be able to buy back the left-over property if it is possible to develop.