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Expansion of Mission Trails Regional Park (on the backs of the private owners).


Many may think that park expansion is a good thing.  There is more occurring than meets the eye.  The City of San Diego intentionally restricts private owners from developing their property.  This is in opposition to what the Multiple Species Conservation Program (MSCP) is supposed to do.  The City ignores the actual zoning of the East Elliott property (1 dwelling unit per 40,000 square feet - about 1 acre) and imposes a 1 dwelling unit per ownership parcel density.  An owner of a 25 acre parcel would only be allowed 1 dwelling unit.  The owners are unable to develop their property at this limited density.  The City then comes along and offers to buy selected parcels at low prices.  That is one of the tactics the City employs to gain property for the park expansion.  It violates private property rights.  If the city followed the MSCP it would gain 75% of the property at no cost.  Rather the City seeks to buy all the property, needlessly spending millions of dollars of taxpayer funds.  It is wrongful conduct.  It goes on under the radar.

Stephen Goldfarb

Stephen Goldfarb April 24, 2014 at 10:43 PM
The California Energy Commission ruled today to grant Cogentrix the one year extension to suspending proceedings that Cogentrix requested. Cogentrix reasoned that the closing of the San Onofre nuclear plant opens the possibility that the Quail Brush project may be needed. The outpouring of community opposition has been massive, probably precedent setting. The Energy Commission's ruling is well reasoned, and worth a look.
Stephen Goldfarb April 24, 2014 at 11:14 PM
TMcC commented above regarding the City's conduct to acquire East Elliott property for park expansion or a landfill as follows: "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).'" TMcC's comments are perceptive. The City has the right of Eminent Domain to acquire private property for a government purpose. That is the process that should have applied here. Eminent Domain provides protections to the property owner. The City is required to pay for the property at its highest and best use prior to changes made to downgrade the property for its intended government purpose. The owners may obtain their own assessment of property value. The parties may adjudicate differences in valuation. That is not what is happening here. The City first acts to pressure the property owners to sell their property by regulating the property into dis-use. They offer prices that are far under the highest and best use of the property. The City's offers are on a take-it-or-leave-it basis. The City has down-regulated the property as "open space". And the City is acting in opposition to the Multiple Species Conservation Program. Its a shameful picture. An additional irony is that fomenters of this plan like to call San Diego "America's Finest City".
TMcC April 25, 2014 at 01:42 PM
Steve--looks as though this is our private, public dialogue. Just found this and it fits, particularly with this comment you made: "The outpouring of community opposition has been massive, probably precedent setting." A PRINCETON UNIV STUDY CONCLUDES THAT THE US IS NO LONGER A DEMOCRACY. The study is dated 4/9/14 and can be downloaded. The title pages states "forthcoming Fall 2014 in Perspectives on Politics". Google "Bernie Sanders Princeton Study". The various battles the public is fighting over non-democratic-style government and public policy which is rotted with corruption is exploding all over the nation. WITH HIGHLY-RESPECTED SCHOLARLY COURAGE TELLING IT LIKE IT IS---PERHAPS THERE IS REASON TO HOPE.
Stephen Goldfarb April 25, 2014 at 04:18 PM
TMcC: I believe the resolution of this problem lies in either government self reform or appropriate enforcement action.
Stephen Goldfarb July 15, 2014 at 07:25 PM
The city was required to amend land use regulations in East Elliott to provide for private development as provided by the MSCP. Instead the city designated 2259 acres that were available for development to open space. That would equate to elimination of 2460 residential dwelling units. This is happening at the same time that the city has run out of space for residences. The City Council declared a housing emergency in 2002. This is a reflection of failed civic leadership, policy making and planning.

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