The question of new roads being built in order to aid subdivision development raises issues of both Public Use and Just Compensation. Could the subdivision have bought the owner’s interest prior to developing the subdivision? Was there valuable interest here being acquired?
Is the taking of land from one in order to allow another develop a public use under the Constitution of California? These are important questions which need to be raised.
Street improvements to the road is in accordance with the city’s general plan, the Etiwanda Specific Plan, and the city’s development code standards.
Mark Steuer, director of engineering for the city, said the road will provide better access to the subdivision tract, enhance traffic flow and provide access to public safety.
The housing development, by the Lewis Operating Corp., is expected to be completed this month, but a timeline for Shelby Place North completion is unclear, as work depends on the outcome of the eminent domain process, Steuer said.
Councilman Bill Alexander said he hopes the parties will be able to work out differences.
“Nobody ever likes to see communities go to any form of eminent domain,” Alexander said.
“There’s a lot of consideration always going into it … we’re going through the process with the attorneys. We’ll see what happens.”