The San Francisco Bay Conservation and Development Commission is ready for a gruesome battle with the federal General Service Administration over McKay Avenue in the county of Alameda. The Commission’s decision to challenge GSA’s exercise of eminent domain to acquire McKay Avenue was reached during a closed session meeting held on June 5th.
After the state refused to grant GSA utility easement rights for McKay Ave, GSA filed suit against East Bay Regional Park District back in April. A number of citizens as well as state and local organizations raised enough signatures to get an initiative on the November ballot to rezone as open space the area where developer Tim Lewis Communities is planning to build luxury homes.
The Committee’s reasoning in regards to filing suit is to compel the GSA to show that it’s eminent domain lawsuit against the Park District is allowed under the federal Coastal Zone Management Act. This Act requires federal coastline projects to be consistent with state law.
The advocates for open space are also suing the city of Alameda for allowing rezoning of the area for residential development without complying with the California Environmental Quality Act. Back in 2008, Alameda citizens voted to use the surplus land to expand Crown beach; however, their bid was trumped by the developer’s near $3 million bid.
If successful, the Commission’s efforts will stop the eminent domain proceedings; though, only temporarily.
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By: A.J. Hazarabedian
To learn more about A.J. Hazarabedian, the managing partner at California Eminent Domain Law Group, visit http://www.eminentdomainlaw.net/aboutAJH.php