Wednesday, June 13, 2007

EMINENT DOMAIN COMES TEARING THROUGH LOS ANGELES: Get Ready For Building & Safety To Find Everything Wrong With Your Home, Then They Can Claim It


A new State Eminent Domain law went into effect this year, requiring the City to lay out it's ED plans for the future, before you can start claiming. Here's the plan from today's agenda, item 12. A lot of the City ED has expired and the CRA will have to pass some amendment in each of these areas. But here's one area with the most extensive ED plan: [Read my comments in bracks and comment.]



Except as specifically exempted in the Redevelopment Plan, the Agency may acquire, but is not required to acquire, any real property located in the Project area by eminent domain or any other means authorized by law.

It is in the public interest and is necessary, in order to eliminate the conditions requiring redevelopment, [in order to gentrify] and in order to execute the Redevelopment Plan, for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area, subject to the limitations set forth in the Redevelopment Plan. The Agency shall make every reasonable effort to acquire real property by negotiation. [Reasonable, like here's a crappy deal. Don't want it? Sorry, taking it anyway.]

Prior to acquiring real property by eminent domain, the Agency shall seek the review and recommendation of the PAC. [Seek the review and recommendation? First of all, PAC doesn't have to deliver a recommendation, the Agency just has to "seek" it. Secondly, if there is a report, who cares? it doesn't say they have to "follow" the recommendation.]

The Agency is authorized to acquire structures without acquiring the land upon which these structures are located. [If they just need some open space, they can take your home, but not pay you for the property.] The Agency is also authorized to acquire any other interest in property less than a fee. [Plus, anything else related. LESS THAN A FEE? WHAT DOES THAT MEAN...SOUNDS LIKE "WITHOUT" PAYING.]

Exemptions and Limitations:

The Agency shall not acquire by eminent domain any real property on which any person legally resides and which is legally and exclusively being used for residential purposes. [Get ready for the inspections. Better have at least one legal resident living in homes with illegals, otherwise they can take the home. Also, better not be having those illegals living in your garage -- or too many people living in a home, in general; and if you are renting, it's commercial, y'all!!! These are some of the "read between the lines" I am reading. Any merit?]

The Agency shall not exercise the power of eminent domain to acquire any parcel of real property within the Project Area for which proceedings in eminent domain have not commenced within twelve (12) years after the adoption of the Redevelopment Plan on March 30, 1999, by Ordinance No. 172,514, ending the period within which eminent domain may be used on March 30, 2011. This time limitation may be extended only by amendment of the Redevelopment Plan. [Great. So they'll extend it!?!?! Who's going to stop them?]

The Agency is not authorized by law to acquire real property owned by public bodies which do not consent to such acquisition. Without the consent of an owner, the Agency shall not acquire any real property on which an existing building is to be continued on its present site and in its present form and use unless such building requires structural alteration, improvement, modernization or rehabilitation, or the site or lot on which the building is situated requires modification in size, shape or use, or it is necessary to impose upon such property any of the standards, restrictions and controls of the Redevelopment Plan and the owner fails or refuses to agree to participate in the Redevelopment Plan by executing a participation agreement.

[OK, that's the most scary part!!! Basically looks to ZD, like they are saying, all they have to do is start walking around the neighborhood and start saying, "You need some structural need some improvement need some require some site can't use it for that anymore...and if you "refuse" (how about can't afford) to agree "particpate" by executing an agreement. [Sounds like that means, "or if you don't agree to go along, we can take it, anyway."]

I DON'T KNOW...MAYBE I'M READING TOO MUCH INTO THINGS, BUT DOES THIS LOOK LIKE THE CITY'S "EMINENT DOMAIN" PLAN FOR EAST ADALANTE LOOKS LIKE IT SAYS, "We can trip you up, just about any way we feel like it, and if not, we can just take it anyway."

post an comment here, and it will email it to me, or contact:

Zuma Dogg
ZAP (Zuma's Activist Program)

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