Michael H. Johnson and Patricia E. Johnson - Page 14

                                       - 14 -                                         

          "take" is broad.  See Berman v. Parker, 348 U.S. 26 (1954);                 
          Redevelopment Agency v. Del-Camp Invs., Inc., 113 Cal. Rptr. 762            
          (Cal. Ct. App. 1974).  A city in California may also form a                 
          redevelopment agency which, subject to its specific mandate and             
          approved redevelopment plan for a particular area, can acquire              
          land within the plan area through condemnation or otherwise.                
          Cal. Health & Safety Code secs. 33000-33714; see also                       
          Redevelopment Agency v. Del-Camp Invs., Inc., supra.                        
               Section 403 of the Fox Field Redevelopment Project plan                
          provides, in pertinent part, that "The Agency [the LRA] may                 
          purchase, lease, obtain option upon or otherwise acquire real               
          property located in the Project Area by gift, devise, exchange,             
          purchase, or any other means authorized by law including the use            
          of eminent domain for purposes of redevelopment."                           
               Petitioners argue that both Lancaster and the LRA had the              
          power to condemn, via eminent domain, the 23d Street property.              
          Respondent concedes that Lancaster has eminent domain authority             
          pursuant to California Government Code section 37350.5 but argues           
          that the LRA could not condemn the 23d Street property using the            
          power of eminent domain.                                                    
               We are unpersuaded by respondent's argument.  As respondent            
          concedes, California law provides Lancaster with the power of               
          eminent domain.  Therefore, we need not consider whether the LRA            







Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011