BREA : Ruling Preserves Most of Property

A Superior Court judge ruled Friday that a Brea Boulevard property owner will not have to forfeit her entire commercial property to the city in its effort to widen the Imperial Highway.

Under Judge W.F. Rylaarsdam’s ruling, Marina Vega will only have to give up 14% of the parcel. The city had attempted to take the entire holding in an eminent domain action, arguing that the remaining portion of the 14,000-square-foot parcel was economically unusable.

In the fight, Vega accused the city of trying to take the land not for the highway project but for the city’s downtown redevelopment plan.

“It is Brea’s own Breagate,” said William Vega, Marina’s son who helped lead the fight for his mother. The ruling “confirms my total faith in the system,” he said.

City officials denied Marina Vega’s claims, saying they also approve of the judge’s decision.

Redevelopment Services Director Sue Georgino said that under the ruling the city might have to pay only $56,000 for the parcel, much less than what officials had originally expected.

Since 1986, a total of 45 parcels have been assembled for the $18-million Imperial Highway widening project. In nine instances, more property was taken than was needed.

Disputes involving the price of the land now have all been settled, according to city officials.

Most recently, the project has come into question by federal and state highway officials, who are reviewing it to make sure city officials acted properly when they took private land.

Caltrans and the Federal Highway Administration are expected to contribute $3.8 million for the widening project.

Derwin Davis, a Caltrans official in Sacramento, said the review process is routine.

“At this time the project is ready to go into the construction phase,” he said. “It is normal for us to review the activities of the city at this time.”

Davis said the decision rendered Friday in the Vega case could affect the outcome of the review.

“We are taking a very careful look . . . but we don’t have any evidence today that suggests an investigation would be warranted.”

Officials at the Federal Highway Administration could not be reached for comment.

City Manager Frank Benest said Caltrans has followed the project from the start and the city has not done anything wrong.

“We are not trying to do something underhanded,” Benest said. “Everything has been above board and in the public eye.”

Results of the state and federal review could be issued next month, Caltrans officials said.