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City Faces Battle Over Eminent Domain

SAN JOSE-The San Jose Redevelopment Agency is seizing a property next to Fountain Alley for its redevelopment project, but not without a fight. San Jose Parking Inc. is defending its rights to the land.

By Michelle Savage | Updated on April 21, 2002

SAN JOSE-A battle over land in a high-visibility downtown area boiled over last week when the San Francisco Redevelopment Agency obtained a court order last week to seize control of its own 1.24-acre parking lot. While the city has agreed to pay the company $3.7 million, San Jose Parking Inc. is challenging the city agency’s right to the property.

The property, a street-level parking lot on Second Street next to Fountain Alley, is owned by SJRA. However, the agency is under a 10-year agreement with San Jose Parking to exclusively negotiate with the company in developing the property. While negotiations have never been fruitful, San Jose Parking has paid the city monthly installments totaling $1.5 million in order to maintain the right as the exclusive developer.

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