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Article: Serious threat of condemnation triggers process, court rules. (Eminent Domain).(Johnston v. Sonoma County Agricultural Preservation and Open Space District)
- Article from:
- California Planning & Development Report
- Article date:
- September 1, 2002
CopyrightCOPYRIGHT 2002 California Planning & Development Report. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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In a case that pitted open space protection against eminent domain law, the First District Court of Appeal has ruled that a Sonoma County open space district did not need to get voter approval before granting an easement for a treated wastewater pipeline across district property.
Opponents of the pipeline project contended that because the City of Santa Rosa only threatened to get the easement through condemnation proceedings, the district had voluntarily sold the easement. A voluntary sale without voter approval would violate the law on which the district's creation was based. But the appellate court ruled that the property transaction was indeed controlled by ...