Wednesday, March 31, 2010

Pasadena Considers Using Eminent Domain to Seize Historical Building

Pasadena is considering using eminent domain to seize a historical building designed by famed architect Julia Morgan. The building, located at 78 Marengo Avenue, near City Hall, has been fenced, boarded up and abandoned for more than a decade. It was originally built in 1921, making it one of Pasadena’s earliest historical structures, and was used by the Young Woman’s Christian Organization (YWCA) as a social center and place for women to stay. The architect, Julia Morgan, is considered to be California’s first prominent female architect.

The building is currently owned by Trove Investments, which acquired the property in 1996 for $1.8 million. Trove has rejected multiple offers by the City of Pasadena to purchase the property. The last offer for the property by the city was $6 million, which was countered by Trove’s asking price of $12 million. The property has been in a continuing state of disrepair and has been vacant for years. Three years ago the owner had discussed the possibility of converting it into a luxury hotel, but plans to do so never materialized.

Buildings with historical value are subject to specific guidelines regarding the use of eminent domain. Since the building is starting to deteriorate, the city may have a strong case for acquiring it in order to restore it, but a less compelling argument in favor of eminent domain if they intend to tear it down and replace it with a new structure.

Pasadena Mayor Bill Bogaard hopes the threat of eminent domain will force Trove back to the negotiating table. Bogaard was quoted as saying, "In a project where there is the possibility of eminent domain, it results in a negotiated settlement."

Neighboring cities in the San Gabriel Valley have taken steps to fight the use of eminent domain. In 2007, the City of Arcadia passed Measure B, a city ordinance designed to stop the use of eminent domain by the city to seize local homes and businesses for economic development. In 2008, the City of Baldwin Park sought to seize as many as 200 homes and businesses as part of a redevelopment plan.

If you are a property owner and a city is seeking to seize your property through eminent domain, consult an experienced eminent domain lawyer to ensure that your rights and interests are protected. If you need legal assistance or have a question regarding eminent domain, please contact one of our Los Angeles eminent domain lawyers at Fisher & Talwar today or call us at (213) 891-0777.

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