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MISSION VIEJO : City Rejects Takeover of Gas Station Land

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What could have been the city’s first attempt to use its powers of eminent domain was rejected by the City Council this week.

Although the council voted 3-2 on Monday in favor of taking over about 284 square feet of property occupied by a services station at La Paz Road and Marguerite Parkway, the measure failed because state law requires a four-fifths majority to approve the use of eminent domain.

City officials have sought the strip of land to make road improvements at the intersection, one of the busiest in the city. However, negotiations with the Arco gasoline station franchise holder stalled, and public works officials asked the council to begin eminent domain proceedings to acquire the land.

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Council members Sharon Cody and Robert A. Curtis voted against the land takeover, saying that the use of eminent domain seemed too drastic.

Eric Cohn, an Arco real estate official, said negotiations have been stalled because a sign with the station’s gas prices would have to be moved to make room for the street improvements. To be visible from its new location, the sign would have to exceed the city’s sign ordinance limitations by about a foot, Cohn said.

City officials say the property owner must apply to the Planning Commission for a variance to the city sign law.

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