Last July, the Alameda City Council heeded the will of Alameda citizens (and the Sierra Club) by zoning federal surplus property near Crown Memorial State Beach as open space. As a result, a private housing developer recently defaulted on its contract to purchase the property from the federal General Services Administration (GSA), and walked away from a plan to build 48 houses on the property.
One might think this is great news for the East Bay Regional Park District—that the way is now cleared for the district to acquire the land for the purpose of expanding the park at Crab Cove, just as the voters intended back in 2008 when they passed Measure WW. But the United States Department of Justice, acting on behalf of the GSA, is continuing its action to take over title of McKay Avenue, the state-owned street leading to the Crab Cove Visitor Center. If the GSA were to take control of McKay Avenue, the GSA could transfer the right to a private developer to dig up the street in order to install the utilities necessary for its project. The state and park district are fighting to kill the eminent domain action so that the GSA—which currently only has utility easement rights for federal government agencies—is compelled to sell the empty lot to the park district.
The Department of Justice says it needs to seize McKay Avenue for the “continuing operations of the Alameda Federal Center,” which is located on the upper part of the street. (The 3.89 acres vacated by the Department of Agriculture—and now zoned open space—are located at the end of the road closest to the beach.) However, the state and the park district argue that the eminent domain action is actually intended to secure a more profitable sale of the vacant property.
On November 10, the court sided with the state and the park district on a motion to strike affirmative defenses. In his ruling, Judge William Alsup determined that the Department of Justice’s claim that it needs to take ownership of McKay Avenue for its “continuing operations” is disingenuous and “belied by the easement it already retains and the circumstances around the now defunct sale to the private developer.” The judge went on to write, “The only real reason the United States seeks to obtain title to McKay Avenue in fee simple is to secure easements for a prospective private development of the vacant federal parcel.”
This ruling was good news, but it is far from the last word on the matter. Judge Alsup ordered the United States to file a summary judgment motion, in which the judge decides the case based on undisputed facts without a trial, on or before February 16, 2015, and also urged the parties at the hearing to pursue immediate settlement negotiations. If the case is neither settled nor resolved by summary judgment, it is scheduled for trial in October 2015.
Write to the Alameda City Council, Senators Barbara Boxer and Dianne Feinstein, and Congresswoman Barbara Lee, and ask them to help end the eminent domain action and make way for the expansion of the park at Crab Cove.
- Alameda Mayor Marie Gilmore: firstname.lastname@example.org
Alameda Vice Mayor Marilyn Ezzy Ashcraft: email@example.com
- Alameda Councilmember Lena Tam: firstname.lastname@example.org
- Alameda Councilmember Stewart Go Chen: email@example.com
Alameda Councilmember Tony Daysog: firstname.lastname@example.org
- Senator Barbara Boxer
- Senator Dianne Feinstein
- Congresswoman Barbara Lee
Read more about Crab Cove in “Promising news for Alameda’s waterfront”.