No eminent domain seen for Pacific View
“Linda Bartz, an attorney specializing in property condemnation issues, told the council Wednesday night that using eminent domain to force the school district to sell the property to the city isn’t an option. Beyond that, City Attorney Glen Sabine said the city may be limited in what it can do to keep the land in its current public/semi-public zoning status.
Simply to begin an eminent domain process, Encinitas would need to have a written plan spelling out how it will use the property, Bartz said.
The city doesn’t have such a plan right now — there’s only been talk about turning the 2.8-acre downtown property into an arts center, she said. And Encinitas doesn’t have time to produce a plan, she added.”
Henry, Barbara. UT and San Diego 23 January 2014.