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Hesperia seeks 2nd property seizure through eminent domain; eyes 19 acres near California Aqueduct

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(View from end of paved street at Cataba Road, north of Main Street, the land is directly north towards against the aqueduct.)

HESPERIA, Calif. (VVNG.com) – City Council will vote on whether or not to use eminent domain to take vacant land near the California Aqueduct for its plan to construct a water retention basin, making it the second eminent domain proposal that will be presented Tuesday.

The first up for discussion will the 15.5 acres of vacant land that the City wants to acquire for a project at the Hesperia County Club and Golf Course, per a VVNG article.

The second property in question is located north of Yucca Terrace Drive, abutting the California Aqueduct in the City of Hesperia, north of the Desert Willow RV Park.

(The highlighted area is the property, and the base of the arrow is the end of the paved street on Cataba Road, north of Main Street. – Google Maps)

On or about September 19, 2022, the City made a written offer to purchase the 19.26 acres at an amount not less than the appraised fair market value, to which the property owners, Seung D. Hong and Byng S. Hong, did not respond.

Again, on December 1, 2022, the City gave notice to the Property Owners that the City Council would consider a Resolution of Necessity authorizing the acquisition of the Property by eminent domain. 

Eminent domain refers to the process by which the government may seize private property with proper compensation, but without the owner’s consent.

However, the eminent domain power is subject to certain constitutional limits such as the property acquired must be taken for “public use;” The state must pay “just compensation” in exchange for the property, and no person must be deprived of his/her property without due process of law.

The notice informed the Property Owners of their right to appear for a hearing to be held on December 20, 2022.

The planned project for the water retention improvements is expected to address water and climate issues.

“Through the project, the City will be able to provide more residents and businesses with wastewater treatment through a sewer lift station,” according to the City.

The reason why the land was chosen is due to its location and its current topography.

Part of the land contains a significant downward slope and surrounding area, which the City says makes it an “ideal location for a water retention basin and/or a sewer lift station.” 

“Additionally, the Project further minimizes adverse impacts by being built on undeveloped land rather than on existing residential uses. Other potential locations for the project are technically infeasible or have greater adverse impacts,” The City documents said.

The cost of the acquisition of the Property will be funded by the use of Sewer Capital Reserves.

RELATED ARTICLE: City seeks eminent domain to seize property near Hesperia Country Club and Golf Course

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