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Eminent domain used in establishing trolley stop and parking area

Traffic congestion is a serious problem in some areas of California. As areas continue to grow and expand, the need to relieve some of this congestion also grows. Most of the time, the property needed to facilitate this must be acquired from private individuals and various businesses. The process of acquiring this private property for public use is referred to as eminent domain.

The San Diego Association of Governments has recognized the need to extend the Mid-Coast Trolley line in an effort to relieve congestion within its area of concern. The association claims that this trolley line extension will assist in removing some of the traffic from San Diego's roadways throughout the day and especially during times of peak travel. However, in order to make the extension happen, the association will need to acquire the necessary property. La Jolla Village Square is the current owner of the property in question.

In an effort to obtain this property, condemnation proceedings have begun and the owner and tenants affected have been notified. The proposed extension will actually only affect a part of the parking lot associated with this property. This area is needed as a Trolley stop and area for patrons to park.

In this particular case, it is possible that the condemnation and eminent domain process can be settled without actually going to court. While this is often the best case scenario, there are times when a California business may find it necessary to take the matter before the courts. When this happens, an experienced eminent domain attorney can be essential.

Source: NBC San Diego, "SANDAG Files Suit Against La Jolla Village Square and Tenants," Steven Luke and Jaspreet Kaur, Oct. 25, 2017

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