According to an Orange County Register article, "O.C. may force sale of property for tunnel," Orange County officials are considering the use of eminent domain to acquire 20 parking spaces from a Huntington Beach apartment complex. The property is necessary for a storm drain project which tunnels under the I-405 freeway.
The County's storm drain project is in response to a 1995 flood which required the evacuation of the apartment complex's ground-floor units. The property owner has been offered $96,500 for the 7,200 square feet that make up the 22 parking spaces.
The County's proposed taking, however, is only temporary, and the property will apparently be returned to the owner when construction is completed. Such an acquisition is typically referred to as a "Temporary Construction Easement," and although temporary, a property owner is still entitled to just compensation for the taking.
PartnerBrad Kuhn, chair of Nossaman's Eminent Domain & Inverse Condemnation Group, is a nationally-recognized leader in the areas of eminent domain/inverse condemnation, land use/zoning and other property and business disputes. Brad ...
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