A decades-old legal battle over money and land between the city and residents of De Anza Mobilehome Park continues with small steps forward but no immediate resolution in sight.
The city still wants De Anza residents to move from the park to free up the public land for public use. But representatives for the residents continue to hold out for more money, saying that the city should give them anywhere from $48 million to $84 million in fair market value for their homes and other relocation expenses, according to Vincent Bartolotta, an attorney representing the De Anza residents.
In the past, the city has offered residents up to $8,000 for moving out, which the residents rejected, Bartolotta said.
“If that home is worth $130,000, which does not include any money from the land because they don’t own the land, and you’re taking it away, why shouldn’t they get 130,000, the fair market value, the price of their home?” Bartolotta said.
Court rulings filed in March rejected the residents’ claim that the city should pay fair market value for the homes. The court order issued by Judge Charles R. Hayes requires the city to prepare a relocation plan in accordance with state law.
The order also requires that two “special masters,” which is usually a retired judge, oversee the relocation process.
However, Bartolotta said the his firm filed a request in late March asking the court for detailed clarification of the relocation process, including an explanation of how the special masters are chosen.
“Does each side choose one (special master) or do we all get together and see who’s going to do the report?” he said.
Bartolotta said the court has 15 days to respond to his request but added that there may be delays.
The City Attorney’s Office is trying to cooperate with the De Anza residents, said Deputy Attorney Mia Severson.
The city contacted the lawyers for De Anza, giving them 10 days to submit a list of candidates for special master. Severson said the city attorney’s office heard no reply from Bartolotta’s firm before the Friday, April 4, deadline.
“The city would like to comply with the court’s order and would like to work towards a way of moving the property back to the public use in a way that’s respectful to the residents and in a way that provides them reasonable mitigation that provides for relocation,” Severson said.
The city had plans to close the park in November 2003 to make room for public use of the area. Since then, De Anza residents have been arguing with the city over how much the city should be required to compensate residents.
Some of residents have medical needs or are on a fixed income and may not be able to afford housing somewhere else, attorneys for De Anza residents said.
De Anza Mobilehome Timeline
“¢ May 1951 – The city enters into a 50-year lease starting Nov. 24, 1953 through Nov. 23, 2003.
“¢ 1978 – The State of California enacts the Mobile Home Residency Law, which provides state-mandated benefits to residents upon closure of a mobile home park.
“¢ 1980 – The state found De Anza Mobilehome Park was an improper use of state land and that a “phase-out” of the park was required.
“¢ 1981 – California Legislature passes Assembly Bill 447, known as the Kapiloff Bill. The bill provided that the mobilehome park could remain in operation until Nov. 23, 2003.
“¢ 1982 – The city passes resolution endorsing the Kapiloff Bill on the condition that the park’s rental rates increase up to 20 percent during final years of park operation.
“¢ November 2003 – The city passes a resolution exempting De Anza from the relocation benefits from the city.