Eminent Domain Plans Changed at Victorville

December 3, 2003
Victorville Daily Press, CA

Eminent Domain Plans Changed at Victorville

VICTORVILLE - In closed sessions Tuesday evening, the City Council made
progress in acquiring land in a 21-square-mile area around the airport - but
public pressure made it alter plans to ask for power of eminent domain
there.

"We're trying to effect a reasonable compromise," said Mayor Terry Caldwell
after closed-door City Council and airport authority negotiations with
property owner.

"We are changing our proposed amendment to include the use of eminent domain
for vacant land only," Caldwell said.

The annexed Victorville land affected by the decision is sparsely settled.
When the property was annexed, there were only 16 registered voters living
on it.

The decision came the day before a second public hearing on the eminent
domain amendment at the Mavericks Stadium conference room in Adelanto. At
the last hearing, all landowners who spoke opposed the use of eminent
domain.

Caldwell also reported progress in negotiations with landowners whose
property was condemned to build the Southern California Logistics Airport
runway extension.

"We're making a lot of progress with the people along the runway extension,"
Caldwell said. "We're working with those people, and I feel that we will be
able to settle with most of them by negotiation."

Roger Colbaugh, one of five runway landowners who have not settled with the
city, had a different opinion of the runway property situation.

"We haven't met with the city, and nothing has changed," said Colbaugh, who
claimed he is considering legal action against the Victor Valley Economic
Development Authority, which has authority over the airport. Colbaugh's said
his appraiser valued his land at $14,000 an acre, and the city wants to pay
him $3,000 an acre. Colbaugh said that other runway landowners settled for
$5,000 an acre to avoid costly legal proceedings.

If negotiations fail in an eminent domain situation, a court decides the
final purchase price of the condemned property.

"As we've talked with people, their concerns seemed to be focused on
properties where people had homes," Caldwell said. "Their fear was that we
might take their property, and they would have no place to go.

"What we'll do is to try to work with them to develop an acceptable purchase
and relocation program," he said.

The council's vote to change the proposed amendment was unanimous, according
to city spokesperson Yvonne Hester.

The council met as four separate governing bodies - the City Council,
Southern California Logistics Rail Authority, Southern California Logistics
Airport Authority and Victorville Redevelopment Agency.


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