A Judge Approves Eminent Domain Claim For Land Behind Station
District to pay $2 million to owner of the building
Owner appeals decision
By Kara Chalmers
The Saratoga Fire District had its day in court on Nov. 13, when a judge ruled that the district had the right to claim eminent domain over a property located in back of the fire station.
The district plans to use the vacant building as a temporary station when the new one is under construction.
Measure F--a $6 million bond measure that Saratoga voters passed in April--will pay for a brand new station at the current station's location at the intersection of Saratoga Avenue and Los Gatos-Saratoga Road. The measure includes the cost of purchasing the back property.
The property, located at 20473 Saratoga-Los Gatos Road, is the former Contempo Realty building, and the district had to file suit against property owner Charles Hackett last December, claiming eminent domain, in order to buy it.
Agencies, such as fire districts, can claim eminent domain over a property as long as the property is used for a public purpose, and as long as the agency offers the highest appraisal value for the property.
After the new station is built, the SFD plans to use the building for a training room, and share it with the Santa Clara County Sheriff's office, according to SFD Chief Ernie Kraule. It could also be used as a public meeting room for the community and for quarters for firefighters who travel from a distance and need a place to stay when they are off duty, he said.
On Nov. 13, Superior Court Judge William F. Martin ruled that the SFD had the right to take the property. The judge found that the district's present intent was to use the property first as a temporary fire station during rebuilding of the existing one and for a variety of uses after, according to the SFD's attorney, Bart Hechtman.
"The judge ruled it was the SFD's intent to use it for fire district uses, which are public because they are a public entity," he said.
In eminent domain cases, the burden of proof lies with the person whose property is being taken, Hechtman said, and in this case, Hackett could not prove that the district did not intend to use the property for a public purpose.
Hackett previously had filed a motion, which was heard in court on Sept. 28, to delay the eminent domain trial to an unspecified time to determine whether there would be a merger between the SFD and the Santa Clara County Fire Department. But a judge denied that motion.
At that time, Hackett based his case on the fact that there is a rift in the fire department between the union firefighters, who want a merger, and the administration, which does not. The union firefighters have suggested that with a merger, the back building would not be necessary, since the county already has a training facility and could provide temporary quarters for the firefighters during construction. Kraule and the commissioners said the building is a necessary part of the construction of a new station, no matter what.
On Nov. 13, Martin also ruled to exclude all evidence of the value of the property on any date other than the date the SFD filed the complaint in December, according to Hechtman, and as of that date, the appraised value of the property was $2 million.
Hackett said he would appeal the trial court's decision in appellate court and in federal district court. He said both complaints are based on the grounds that he believes his property is being taken without just compensation. Hackett said he believes he should be paid the value of the property today, not its value of a year ago. He said he has had the property appraised since then for $3.2 million.
Hechtman said he doesn't know yet how the SFD will respond to the appeals other than to say they will oppose it vigorously.
"The settlement we reached was very fair to the property owner, because we agreed on a figure much closer to his appraisers' numbers than our appraisers' numbers," Hechtman said.
Saratoga, California Since 1955
