Wal-Mart Saga… Far From Over.

— by Jeffrey Wisniewski — 15 February 2008 — Comments Off

In 2006, a large public outcry against the big box chain Wal-Mart (on Parcel C) commenced eminent domain proceedings. Unfortunately, a Contra Costa County court has decided that the City has no basis for claiming Wal-Mart’s land via eminent domain. The City Council has since terminated those proceedings, and the City and its residents are back where they started. Wal-Mart has the desire to build, an application and plan submitted to the City, and the money to fight to make it happen.

The following is the description of the on-going Wal-Mart saga from City Attorney Mick Cabral (via email)…

Wal Mart’s application for development of Parcel C was deemed complete by City staff on April 28, 2006. Members of the community and individuals from outside of Hercules demanded that the City Council do something to try to prevent Wal Mart from developing Parcel C. The City Council listened and hired an attorney who specializes in eminent domain litigation to try to take Wal Mart’s property. Unfortunately, it was learned during that process that the Hercules Redevelopment Agency’s eminent domain authority expired in 1995. The Contra Costa Superior Court recently ruled against the City and Agency, so the eminent domain proceedings are now over. Wal Mart will undoubtedly now demand that the City review its development application on its merits. The Wal Mart issue is far from over.