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City seeks landmark property to take over property near Hesperia Country Club and Golf Course – VVNG.com

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Hesperia, California (VVNG.com) – The City of Hesperia is seeking to pass a resolution at its next meeting on December 20, 2022 to begin the process of taking over a property near the golf course through eminent domain.

The 15.5-acre property is located on Buckthorn Street, just north of Hesperia Country Club and Golf Course.

In California, eminent domain gives the government the power to seize your property, even if you don’t want to sell it.

However, under the Fifth Amendment, eminent domain must be “for public use.”

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For the past ten years, the City of Hesperia has been renting and using the vacant property as a file
Driving range for the benefit of the public.

However, the property owner, working under Mega Factors Ltd. , the city that he no longer wished to renew his lease with the city.

In December 2021, the city made an offer to purchase the property, but the owner rejected the offer and did not make a counter-offer.

The city said the property is essential to the current driving range, as well as to facilitate and expand City park facilities in the future.

Furthermore, the project will include the expansion and preservation of open spaces for city park facilities, such as walking paths. The city of Hesperia stated that the project was planned for the greatest public benefit with the least amount of private harm.

On December 1, 2022, to comply with California law, the City gave notice to the property owner that the City Council would consider a necessity resolution allowing the property to be acquired by eminent domain.

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The notice informed the property owner of his right to appear and be heard at this hearing.

While a hearing on a necessity determination is often referred to as a public hearing, the only notice required is a 15-day notice by postal mail to the property owner.

The city said it remains open to negotiating with the property owner, and neither adopting the resolution nor filing a high-profile property case will interfere with such negotiations.

If approved by the City Council, the City Attorney will be instructed to take all necessary steps to commence legal proceedings in a court of competent jurisdiction to acquire the property by eminent domain.

“The attorney will also be directed to request and obtain a prior judgment possession order pursuant to the provisions of the salient domain statute so that the City can proceed with the project while awaiting salient scope proceedings in court,” the city documents say.

As part of the eminent domain, the owner of the property must also receive “fair compensation” for the property, and must not be deprived of his property without due process.

Although the property owner’s representative did not accept the City’s offer, they indicated that they had obtained an appraisal in order to provide the City with a counter offer.

The purchase cost will be financed through the use of the reserves of the General Fund.

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