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.
[pdf-embedder url=”http://sierrawave.net/wp-content/uploads/2017/07/Inyo-County-LADWP-Landfill-Liability-Opinion-Use-of-Eminent-Domain-9.6.2001.pdf” title=”Inyo County-LADWP – Landfill Liability Opinion – Use of Eminent Domain 9.6.2001″]
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,