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property. Mr. Asturias also frequently informed Mr. Johnson that
Lancaster would condemn the 23d Street property.
A letter to Mr. Johnson regarding condemnation of the 23d
Street property was drafted, and Mr. McEwen approved it as to
form and content (with one change). This letter was edited,
dated August 4, 1991, and signed by Mr. Dukett. The letter
stated the following:
This letter is to confirm conversations which you are
having with the staff of the Lancaster Redevelopment
Agency concerning the acquisition of your property.
The property, located at 45640 North 23d Street West,
commonly known as the Johnson Ford/Lincoln Mercury
Dealership location, is currently proposed to be
acquired by the Agency through negotiations. As you
are aware, the Agency is authorized to acquire property
by the use of eminent domain. If these negotiations
are unsuccessful, staff will recommend to the Agency
Board that they proceed with proceedings for the
acquisition of your property through the exercise of
the power of eminent domain.
On or about August 4, 1991, Mr. Dukett delivered this letter to
Mr. Johnson.
Mr. Johnson Seeks Advice After Being Told That Lancaster Would
Condemn the 23d Street Property
In October 1990, after Mr. Theophanis informed Mr. Johnson
that Lancaster would condemn the 23d Street property, Mr. Johnson
sought advice from Mr. Wright regarding Lancaster's threats. Mr.
Johnson specifically asked Mr. Wright, "Can they do that?" Mr.
Wright advised Mr. Johnson that (1) Lancaster had the authority
to condemn the 23d Street property, (2) whether or not Lancaster
and the LRA had the ability to condemn was not an issue, and (3)
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