Letter from Allen Berry
I have found and attach for your information the 2001 opinion I wrote when I was Assistant County Counsel, to which I referred in my January 17, 2017 email to CAO Carunchio et al suggesting that the County use eminent domain to acquire LDWP property at the landfill.
The opinion concerned how the County could limit its liability for groundwater pollution at the landfill, and on pages 10-11 I suggest that the County use eminent domain to acquire LADWP’s groundwater rights in that endeavor.
The concept is the same – whether it is land or water – and in my January 17 email I specifically suggested using eminent domain to acquire the land upon which the landfill is located.
See also my posts to KSRW Sierra Wave’s website from January 18 – February 5 responding to Sierra Wave’s January 17 article entitled “Inyo Supervisors Face Landfill Decision Today.”
That article and previous ones painted such a dire picture of the County’s dilemma at the landfill that I thought I would offer some help.
Randy Keller posted a response to my idea.
It seems clear the County has decided to use my idea but otherwise ignore me.
Peace to you all,