TUSTIN : Eminent Domain Proceedings to Begin

The City Council voted this week to begin eminent domain proceedings against a downtown parcel sought for the expansion of a water plant.

The city has been trying unsuccessfully for some time to buy the property, a quarter-acre, rectangular parcel on Prospect Avenue between Main and 3rd streets. City officials want to use the land to expand the water plant on Main Street, but the property owner has not accepted the city’s offer.

Attorney Michael A. Baruch, representing June Perfit, raised objections to the city’s action, saying he was not convinced that the city needed her property. City officials said the land is needed to enlarge the Main Street reservoir to a 2.2-million-gallon facility, drill a new well and expand office, shop and parking areas. City officials hope to begin work on the new reservoir next spring.

City Atty. James G. Rourke said an appraiser hired by the city valued the property at $220,000. About a year ago, a city-hired appraiser valued the property at $208,000, but Councilman Earl J. Prescott pushed for a reappraisal. Prescott abstained from the vote Monday night because he owns property in the area.

Baruch said Perfit is also having the property appraised and will negotiate the price if the city can convince her of its need for the land.

The next step in the eminent domain process is to file an action in Superior Court, Rourke said. If the case goes to trial, the process could take years, but both sides said it is likely an agreement will be reached before then.

Baruch said Perfit also owns land across the street from the Prospect Avenue site and would like to sell the two parcels as a package.

“He (Baruch) can make a proposal, but I don’t know if the city has an interest in buying the second property,” Rourke said. “We’re not going to just take it off her hands.”

Tustin has rarely invoked its eminent domain powers, Rourke said. The last time was several years ago, when a road was widened and safety issues were raised after a child was struck by a car.