City seeks to reinstate eminent domain powers

BARSTOW • The Barstow Redevelopment Agency seeks to reinstate its authority to use eminent domain in the area along East Main Street bordering the Marine Corps Logistics Base. But city officials say their proposal would have minimal impact to property owners in that area.

The Redevelopment Agency’s eminent domain authority for that area expired in 2008, according to Ron Rector, the city’s Community and Economic Development Director. It seeks to reinstate that authority only to use it if absolutely necessary to remove blight in the community. Since the agency’s inception in 1973, however, it has never used eminent domain, Rector said. Agency members and the Barstow City Council will hear from the public on the issue Dec. 7.

Properties affected include commercial and industrial properties in the area. Residential properties, including apartment buildings, would be unaffected, according to Rector. Eminent domain can be used by the RDA as a last resort to acquire private property for a project that met a “higher public good,” Rector said. Agency members, who also serve on the City Council, would make that decision.  

Residential properties have been immune from eminent domain powers since the original Redevelopment Agency enactment for Barstow in 1973, said City Spokesman John Rader.

Councilman Tim Silva, who serves as Redevelopment Agency chair, said since he’s been on the agency he has never seen eminent domain used or considered. Even though he’d hate to see it used frequently by the government, Silva recognizes eminent domain as a valuable tool.

“There’s many things we can and can’t do, but we’ve got to keep those laws there so they can be used,” he said. “I would never approve eminent domain, which isn’t going to be (used for) the public benefit.”

Even though he’d have to look at each situation as it comes up, Barstow Mayor Joe Gomez said he opposes eminent domain. He would have to look and see how it benefits the city before he agreed to it, he said.

“I don’t think government should be taking property away from the taxpayers,” he said. “That’s not our job.”
The public hearing will be at 7 p.m. Dec 7 in City Council chambers at 220 East Mountain View Street.

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(760) 256-4123 or jcejnar@desertdispatch.com