This is a first for me. Sandra Stokley, my wife’s cousin, writes for the Riverside Press Enterprise. What a surprise to see her covering an issue involving a California Congressman and “eminent domain,” the subject which consumes much of my time and efforts.
Perhaps you may recall reading that the Riverside County Grand Jury found Congressman Ken Calvert, R-Corona, and his investment partners, purchase of 4.3 acres of land in Jurupa/Mira Loma as being “improperly” acquired. Jurupa is a small community in northwest Riverside County.
In her first report on this saga Sandra writes: “The (Jurupa) Community Services District sold the property to Calvert, R-Corona, and his partners more than two years ago for $1.2 million in a transaction the Riverside County grand jury concluded violated state law.
The (park district) lawsuit charges the community services district with fraud and deceit in connection with the property sale. It seeks at least $1.5 million in general damages and unspecified special and punitive damages.
Under California law, governmental agencies such as the community services district are required to offer surplus property to other agencies, particularly park districts, before putting the land on the market.
That never happened in this case despite the fact that the Jurupa park district had expressed interest in the property as a possible park or sports field going back to at least 2001.”
With recent discussion of Term Limits some might question where did our elected officials end up after leaving Sacramento. In this fight over land ownership we learn that former State Senator Bill Morrow, R. Oceanside, is representing the Jurupa Area Recreation and Park District Board of Directors.
To commence the powers of “eminent domain” and issue a “resolution of necessity” require the vote of a supermajority of the Agency. In this case they require 4 of the 5 Board members to vote in favor of enacting that police power. There has been a slight hick-up in that the Board failed to obtain the required fourth vote on Thursday night.
Following is part of Sandra’s latest update. I will add the link below.
“The Press-Enterprise GLEN – The Jurupa Area Recreation and Park District board of directors on Thursday night failed to pass a resolution that would have initiated the seizure of 4 acres from a partnership that includes U.S. Rep. Ken Calvert. The resolution needed the votes of four of the five board members. Directors Stephen Anderson, Larry Riddle and Robert “Bobby” Hernandez voted yes. Director Richard Lynch abstained and director Brad Hancock was absent. Lynch gave no reason for abstaining.
Hernandez announced that the issue will be taken up again at the Aug. 13 meeting of the board when all members are expected to be present.
Attorney Charles T. Schultz, who represents Stadium Properties, the partnership that owns the Mira Loma property, had no comment after the meeting. But during the public hearing, Schultz urged directors to vote down the resolution because they had not made the case that the Stadium Properties land was the only place a park could be placed. He also noted that the district’s 2009-10 budget had no money for such a project. “You have to have funds to build a park,” he said.
Stadium Properties wants to build a self-storage facility on the Limonite Avenue property. The meeting was attended by about 50 people, all of whom appeared to support the park district’s efforts to acquire the land.” I appreciate you fighting for the people,” resident Juan Chavez said. “We need to keep on fighting. We need those parks.”Documents show that since 2001 the park district had sought to purchase the land from the Jurupa Community Services District for development as a park or youth sports field. In 2006 the community services district sold the land to Stadium Properties without providing state-mandated notice to other governmental agencies that the property was on the market.
The park district, which does not have the inherent power of eminent domain, sought permission from the Board of Supervisors to seize the property. The request was denied. District officials then turned to their constituents. In a mail-in ballot last August, nearly three-fourths of voters approved the use of eminent domain to seize the land.”
Gilbert comment. “Abstaining” is almost the same as voting “present.”
Does Director Richard Lynch have a personal conflict of interest or perhaps a close relationship with Congressman Calvert? While this is not a typical “taking” it is something that we need to monitor to see what the outcome may be should this acquisition end up in a court of law.
Note: Former Senator Bill Morrow has partnered with San Diego attorney Peter Lepiscopo.
Following is the July 30th story link:
http://www.pe.com/localnews/inland/stories/PE_News_Local_S_vote31.4657ae7.html
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