County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Dear Supervisors:
SETTLEMENT OF CONDEMNATION CASE
COUNTY OF LOS ANGELES v. WILKINSON, ET AL.
CASE NO. BC 131 014
FIRST SUPERVISORIAL DISTRICTIT IS RECOMMENDED THAT YOUR BOARD:
Authorize the County Counsel to settle the above-referenced eminent domain lawsuit in the amount of $68,000.
PURPOSE OF RECOMMENDED ACTION
In adopting the Resolution of Necessity for the Men's Central Jail Project, your Board found that this property was necessary for this project and authorized the County Counsel's office to institute condemnation proceedings to acquire the property.
A tentative settlement in the condemnation case has been reached with the owners of this property. The Board's authorization is now required to complete the settlement and obtain title to the property.
JUSTIFICATION
Both the County and the property owners have obtained appraisals of the property. The proposed settlement amount is within the range of the respective appraisals obtained by the parties and represents a reasonable compromise of the dispute.
The Department of Public Works concurs with the County Counsel's office that a settlement of $68,000 for acquisition of an easement over the property is fair and reasonable to all parties and would save the litigation costs of presenting these issues to a jury.
FISCAL IMPACT
The sole fiscal impact to the County is the settlement amount of $68,000.
FINANCING
The settlement funds will be derived from the Correctional Facilities Men's Central Jail Expansion Project.
FACTS AND PROVISIONS/LEGAL REQUIREMENTS
The County brought this action to acquire additional rights to use an existing private road which provides access to the Men's Central Jail and a related parking structure at 441 Bauchet Street in downtown Los Angeles.
The subject property measures just under 9,400 square feet, and is approximately 290 feet long by 30 feet wide.
Article I, section 19 of the California Constitution and the Eminent Domain Law (California Code of Civil Procedure, Part 3, Title 7), requires the payment of just compensation to the owner of property condemned by a public agency for use in a public project.
IMPACT ON CURRENT SERVICES
Not applicable.
CONCLUSION
The settlement of this case is fair to all parties and is in the County's best interest.
Very truly yours,
LLOYD W. PELLMAN
County Counsel
By
ADRIENNE M. BYERS
Senior Deputy County Counsel
Public Works Division
APPROVED AND RELEASED:
LLOYD W. PELLMAN
County Counsel
AMB:cnz
c: David E. Janssen
Chief Administrative Officer
Violet Varona-Lukens, Executive Officer
Board of Supervisors
Harry W. Stone, Director
Department of Public Works