San Jose's population has skyrocketed over the past several years, and so has the number of children in the area. However, there are few playgrounds and parks in the city, so officials have decided to use eminent domain to gain property to build recreational facilities.
The San Jose Redevelopment Agency is currently filing court papers that will allow it take ownership of a property currently occupied by privately owned warehouses. The city plans to use eminent domain to force the owners to sell the 760,000-sf property, which the city wants to use to build a two-acre park near the commercial and industrial area of Monterey Highway.
The city also plans to use eminent domain to build several other parks in the downtown area, if negotiations with property owners do not work out.
Government agencies can use eminent domain to acquire property at fair-market prices from owners who refuse to sell their land at negotiated prices. The agencies must prove that the land will be used for public benefit, and that the offer made was based on an appraised value.
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