February 16, 2006

Speakers encourage limiting eminent
domain laws at AVCA meeting

By Carol Rosen
Staff Writer

Two proponents from the Limit Eminent Domain initiative spoke at an Almaden Valley Community Association meeting on Monday night.

Yolanda Reynolds (far right) and Doug McNea (near right) explain the Limit Eminent Domain to board members at the February meeting of the Almaden Valley Community Association.

The group desires “to return eminent domain to the purpose our founding fathers delineated in the constitution—that taking land should only be done for public use (such as to build schools, libraries, highways, etc.) and that landowners should be compensated at the land’s current value.”

Doug McNea and Yolanda Reynolds shared stories of countless cases of government bodies taking land from individuals for redevelopment that didn’t benefit the public. Too often, they said, property is forcibly removed from its owners. Too frequently, they added, the amount of compensation for the land is a figure that doesn’t reflect the property’s current value. Typically, they said, the project does not go forward and ends up either being idle for a long time or resold for another use rather than benefiting the public.

Limit Eminent Domain hopes to reshape California’s eminent domain laws to ensure that landowners will be given “just compensation” determined by a court or a jury rather than a redevelopment agency. In addition, this group’s proposition ensures that federal funding for projects cannot be limited or removed.

Because of U.S. Supreme Court rulings, Reynolds said the city or state has the ability to change property-housing densities, allowing developers to move into areas like Almaden and increase housing density, which can decrease a neighborhood’s property values.

However, when questioned as to whether any land in Almaden was being considered for eminent domain or is considered blighted or part of a potential transportation corridor, both McNea and Reynolds answered “no.”

The pair noted there are several other groups hoping to get eminent domain measures on the November ballot. However, they called a Limit Eminent Domain campaign a grass roots affair that doesn’t get involved with rent control or other divisive issues. This campaign, said Reynolds, is being conducted via the Internet to keep costs down. “We can’t afford to pay people $2 a signature,” she said, “it’s non-partisan and will provide power to the people.”

The Limit Eminent Domain organization is all-volunteer, Reynolds said. It has no ties to political, economic or environmental groups. She urged the AVCA and all residents of Almaden to visit the Web site at www.LimitEminentDomain.org. The site offers voter sheets and instructions for gathering signatures to get the measure on the ballot. These sheets can be downloaded and passed around neighborhoods.

The group must collect the requisite number of signatures by the end of May so that voter registration offices can verify them to get the proposal on the November ballot.

Those interested can visit the above Web site or call (408) 882-5008. The organization can also be reached by fax at (408) 516-8035 or by e-mail at LED@yahoo.com.

In other AVCA news, the group will hold an election forum on Thursday, April 27 from 6:15 to 9 p.m. at the Water District. On Feb. 13, five mayoral candidates said they would attend. The candidates for district attorney have also been invited.

Lisa Wiseman was voted in as AVCA’s new secretary. The group has 78 paid members for this year with 2007 prepaid memberships and 49 and 21 already paid for 2008.

President Lee Dimmitt confirmed that the grand opening of the new branch library will take place on May 13 at 11 a.m. Elected officials expected to attend are Mayor Ron Gonzales, Vice Mayor Cindy Chavez and District 10 Councilmember Nancy Pyle. There will be 30-minute tours of the new building following the formal opening.

Dimmitt also discussed the proceedings of a Feb. 6 meeting dealing with land development at 6409-11 Guadalupe Mines Road. That area currently houses an office building and parking lots.

The owner wants to sell. Current plans are to make the area residential. Neighbors want the housing to be eight units or less per acre in order to keep property values high.

A planning commission meeting is scheduled for March with the issue set to go to the City Council in April. Dimmitt said construction is likely to be several years down the road.

AVCA’s next meeting is scheduled for Monday, March 13 at 7 p.m. It will probably be held at the Almaden Pizza Company at McAbee and Almaden Expressway. The program has not yet been determined.