- 10 -
the only issue would be the fair market value of the property.
Mr. Wright made it clear to Mr. Johnson that he would not be able
to win a condemnation fight.
The Negotiations That Followed Mr. Johnson Being Told That
Lancaster Would Condemn the 23d Street Property
The negotiations between Lancaster and Mr. Johnson while the
LRA and the LCC were informing Mr. Johnson that Lancaster would
condemn the 23d Street property were hostile, strained, tense,
and difficult with Lancaster repeatedly telling Mr. Johnson that
Lancaster would condemn the 23d Street property.
On September 16, 1991, Mr. Johnson entered into a DDA with
the LRA. The DDA expressly states that the LRA desired to
acquire the 23d Street property "for purposes of redevelopment by
an action in eminent domain or by deed in lieu thereof," and the
purpose of the DDA was to effectuate the Redevelopment Plan by
providing for the LRA's acquisition of the 23d Street property
"for redevelopment by agreement in lieu of an action in eminent
domain for such purposes."
Escrow documents executed in connection with the DDA
expressly state that the transaction was "in lieu of an action in
eminent domain".
The New Property
In 1992, Mr. Johnson acquired property in the Lancaster Auto
Mall that was "property similar or related in service or use to"
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011