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TMcC April 16, 2014 at 11:37 AM
This is curious. Is there more we don't know? How and why has land that is in such a primeRead Morelocatio n get taken from owners this way? Seems like a case of psuedo-eminent domain or govt/corporate highway robbery. "Eminent domain: The power of the government to take private property and convert it into public use. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners. see, e.g. Loretto v. Teleprompter Manhattan CATV Corp. 458 US 419 (1982)." More curiously, while large/giant corporations have been helped by the City of San Diego to install a landfill & then an expanded landfill and the City Development Office had recommended approval of re-zoning for a polluting power plant (which city officials sanely rejected, thank goodness). Those projects included installation of access roads and development features (or giveaways?), but in these cases to corporations. What would a fair price for land in East Elliott be now--what's it worth to those that want it, as opposed to those that would extort it? Land ownership, like it or not--whatever you think of it--is considered a fundamental American right. BTW: Cogentrix is back--asking the CEC to keep their project alive. Please say NO!, by the April 23rd deadline. Thank you Mr. Goldfarb for your great letter to the CEC. Copy & paste this in your browser: http://us5.campaign-archive2.com/?u=24ddb5ed3d8c94a56d650b703&id=12620a49ac&e=0c85ca67ea
Stephen Goldfarb April 16, 2014 at 01:06 PM
The City started this process in 1997 when it revised the East Elliott Community Plan. This wasRead Moreund er influence by advocates for Mission Trails Regional Park expansion. The presumed purpose for revising the Community Plan was to bring it into conformance with the Multiple Species Conservation Program (MSCP). It did the opposite. The MSCP, a Federal Habitat Conservation Plan, is intended to allow and facilitate private development. It does this by regulation, namely providing that the private owner is allowed to develop 25% of their property. In exchange for development, the owner is required to deed to the City 75% of their property for conservation. In reality the City **removed** private development from the bulk of the area (2259 acres) dedicating the land to "open space". The City maintains the legal fiction that the private owners may still develop, though the City's restrictions make private development unfeasible. You can see the City's actions in the revised East Elliott Community Plan on file with the City. It is interesting that the City also included in the Community Plan and the MSCP Sub-Area Plan that East Elliott could be used for another landfill. The area the City has acquired is also the possible site of a landfill. TMcC's remarks about this being like an Eminent Domain Action are accurate and observant. The MSCP was not intended to be a means to obtain property for a park or a landfill. Stephen Goldfarb
Stephen Goldfarb April 16, 2014 at 01:22 PM
The East Elliott Community Plan may be seen at this link:Read Morehttp://www.sandiego.gov/planning/community /profiles/eastelliott/pdf/east_elliott_cp.pdf
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