Eminent domain takes place for a variety of reasons, all of
which are initiated by a government authority. The property in question could be
commercial, or it could be a private home, whether owned by an individual or by
business entity. The project itself could be transportation-related such as
requiring land for the construction of a
road or a public transport system. The main requirement for the government’s
use of eminent domain is that the project is necessary for the overall good of
the area and its residents. It has to be for a necessary public purpose. The
eminent domain action I’m going to be discussing here concerns a parcel of land
located in Chula Vista, CA and belongs to an aerospace and defense contractor
called UTC Aersopace Systems
(“UTCAS”), a North Carolina Corporation with many locations throughout the
world. As an attorney and a California
resident, this project is an interesting one to examine as it illustrates the
complex and lengthy process involving land use that can precede eminent
domain.
Photo By Port of San Diego [CC BY 2.0
(http://creativecommons.org/licenses/by/2.0)],
via Wikimedia Commons
The land in question is needed for a project known as the
Chula Vista Bayfront Master Plan (“CVBMP”) which is being carried
out jointly by the Port of San Diego, City of Chula Vista and developer
Pacifica Companies. Chula Vista is a
city in San Diego County, approximately equidistant from San Diego’s downtown
area and the US-Mexico Border. Its Waterfront area is undergoing a huge transformation that includes
developing and redeveloping land for commercial and residential uses,
environmental preservation and other improvements.
The approximately 550
acres comprised of land and water is
bordered by areas that include river, wetlands and a wildlife preserve. The
development of this waterfront property is unique. The Port of San Diego which
owns the land, had the intention of
attracting developers by doing their own environmental review and preparing
the land to be developed by any company with an interest to do so.
The Bayfront project has its origins in a land deal that was
a rather inventive solution to a problem a developer had with an area of land
on which they were attempting to build. Pacifica Companies, after several of
its development proposals were rejected due to environmental concerns, engaged
in a trade with the Port of San Diego: the port provided the developer with
land on which they could proceed with building, and in exchange, Pacifica
transferred the problematic land to them, in order to be preserved. Now the Port is hoping that the land, with
its environmental review complete, and with Pacifica and one more developer, RIDA,
planning to build on it, an incentive could be created to bring in more
development. In addition to the Port of San Diego, the City and the developers,
the US Fish & Wildlife Service and San Diego Gas & Electric are
also playing a part in the larger project: they worked together on a
restoration project to create a salt marsh on the bay so that the gas company
could build a new power station. This project was a necessary component of the
master plan to develop the Bayfront area.
Now to the eminent domain issue. The parcel of land in
question is needed by RIDA to carry out their construction plans as part of the
Bayfront redevelopment. UTCAS is using the land as an auxillary
parking lot. According to Port representatives, the 4 acres of land were
put in the hands of UTCAS during a re-organization with the intention to buy it
back when development was initiated. The Port and UTCAS were involved in
negotiations to purchase the land but weren’t able to come to terms, and Port
commissioners voted to acquire the land through eminent domain on April 14th.
The eminent domain process involves
filing a lawsuit that forces UTCAS to come to a deal that allows the Port to
acquire its land, upon providing just compensation to the landowner to be
proved in the court.
Looking down the path that eventually leads to an eminent
domain filing paints a larger picture of the complex circumstances underlying
land use, including economic, environmental and geographic issues. Sometimes, these issues can’t be resolved
outside of court. Being knowledgeable on the background and related issues
concerning a project provides the perspective which can help an attorney
practicing in the area of eminent domain law.
