De Anza Cove Residents Denied $48M Relocation Funds

[butter on top]

tell it like it is.
what is real?

[anonymous park lover]

Perhaps Judge Hayes will show a deeper understanding of State law, as well as compassion, and will capitulate and reverse his tentative decision next month.

Let’s suppose he does. Where will people go?

On this forum, I've learned that a majority of those living at De Anza are elderly. I've learned that for some, moving would constitute a substantial physical hardship; they would prefer to stay even if relocation funds are forthcoming. I’ve learned (and seen) that some of the homes on the north end of De Anza are either too old to be accepted elsewhere, or have deteriorated by age to the extent that it’s unlikely they could be moved without considerable structural damage.

What are those people to do?

It may be pure fantasy at this point, but it seems the best possible outcome for all involved -- if Judge Hayes were to reverse his tentative ruling -- would be that those who want and are able to leave could do so, while those who are unable or don’t want to could stay. The expanded space from voluntary departures would become available for redevelopment of the area into a mixed-use retirement community (no hotel or roller-coaster involved).

[paul felenczak]

I think in the beginning there were some misconceptions that DeAnza residents were fighting to stay. It's pretty well understood now that when this is finally settled we will all have to move. Every mobile home park I've checked with will not accept any home more than 10 years old. I've been here for eight years and my folks have been here for 24 years. In that time NO new homes have come into this park. Based on that premise NONE of these homes are eligible to be moved to another park.

Another interesting point is that about one third of the residents are renters. I'm sure any money won by this law suit will be distributed to the owners. Does anyone have any information on this aspect of the situation???

[Brian]

Read Propositions 98 & 99 carefully...
http://www.sos.ca.gov/elections/elections_j.h...
Don't know if these Propositions can help the folks at the Cove?

[Methadras]

Brian wrote:

Read Propositions 98 & 99 carefully...
http://www.sos.ca.gov/elections/elections_j.h...
Don't know if these Propositions can help the folks at the Cove?

I don't think it will help them because this isn't an imminent domain issue. Even so, if prop 98 passes and prop 99 pass, then prop 99 takes precedent over prop 98. Prop 98 is really the imminent domain, anti-Kelo protection we really need.

[paul felenczak]

Brian wrote:

Read Propositions 98 & 99 carefully...
http://www.sos.ca.gov/elections/elections_j.h...
Don't know if these Propositions can help the folks at the Cove?

Whether those props pass or not will not affect us. This land is already owned by the State and leased to the City but thanks for the info.

[Stay Tune]

John wrote:

rosa's right....no money = we lost. ask nthe lawyers some tough questions at our next meeting on the june 4. someone said court is on june 6. the city bleeped us over and maybe our lawyers did too. wher is the dough they promised. where is the money the judge promised. and the city. my kid got nothing but empty promises. someone needs to answer for this. and give some answers to.
time to roll.

What the HE** double tooth picks are you talking about? You don't know S$$$!!

[anonymous park lover]

There is a California law regarding “adverse possession” of unintitled land that is relatively liberal.

Land that is “adversely possessed” can be claimed as legally owned by the possessors under two conditions:

(1) There must have been conspiculous and uninterrupted occupancy of the land for a period of five years; and,

(2) the owner(s) must have paid property taxes throughout the same uninterrupted five year period.

In the case of a mobile home complex, as with an appartment building or condominium complex, property taxes may or may not be paid individually. The property tax may be paid collectively from the rents or fees. For most condominiums, individual owners pay property taxes themselves, independent of the Home Owner’s Association fees. Is that the case at De Anza?

In any case, it is now 2008. The De Anza lease formally expired in 2003, as I recall. Five years have passed. You may already be legally entitled to ownership of your land.

What was the exact date on which the 2003 lease expired?

Whether the California adverse possession law applies in situations involving ongoing legal proceedings is unclear. It is also unclear as to whether this law extends to tidelands.

[paul felenczak]

anonymous park lover wrote:

There is a California law regarding “adverse possession” of unintitled land that is relatively liberal.
Land that is “adversely possessed” can be claimed as legally owned by the possessors under two conditions:
(1) There must have been conspiculous and uninterrupted occupancy of the land for a period of five years; and,
(2) the owner(s) must have paid property taxes throughout the same uninterrupted five year period.
In the case of a mobile home complex, as with an appartment building or condominium complex, property taxes may or may not be paid individually. The property tax may be paid collectively from the rents or fees. For most condominiums, individual owners pay property taxes themselves, independent of the Home Owner’s Association fees. Is that the case at De Anza?
In any case, it is now 2008. The De Anza lease formally expired in 2003, as I recall. Five years have passed. You may already be legally entitled to ownership of your land.
What was the exact date on which the 2003 lease expired?
Whether the California adverse possession law applies in situations involving ongoing legal proceedings is unclear. It is also unclear as to whether this law extends to tidelands.

November 23, 2003.

Thanks for the info. I'll bring it up at the HOA meeting on Wednesday and see what our attorneys have to say about it.

[Methadras]

paul felenczak wrote:

<quoted text>
November 23, 2003.
Thanks for the info. I'll bring it up at the HOA meeting on Wednesday and see what our attorneys have to say about it.

If your lawyer doesn't know this already, then you maybe looking at someone who may lack legal knowledge where it may be imminently necessary in your case. He should know this type of law inside-out.

[paul felenczak]

Methadras wrote:

<quoted text>
If your lawyer doesn't know this already, then you maybe looking at someone who may lack legal knowledge where it may be imminently necessary in your case. He should know this type of law inside-out.

I'm sure he does. The issue just hasn't come up yet. There's more than one way to skin a cat.

[john]

stay tune. you dont know anything. the park looks like s hit and you say be happy. loser. we lost. no money and live like s hit. 5 years for nothing . wasted on a loser case. the bay side is not bad but the other famlies are hurtinng.

[Ink]

john wrote:

stay tune. you dont know anything. the park looks like s hit and you say be happy. loser. we lost. no money and live like s hit. 5 years for nothing . wasted on a loser case. the bay side is not bad but the other famlies are hurtinng.

so what if the park look like sh**?! its over for those people in De Anza including the bay side, but you can't give up on the law; the judge didn't even rule yet, unless the lawyers sold you guys short, blood suckers...believe me man, Marriott, Hilton, Hyatt are waiting for you guys to get the hell out of their, but not after being compensated---and whomever thinks that de anza will be a 'park' is totally retarded....its going to be called "De Anza Cove Village," w/shops, restaurants, and merchants; so who said its not worth millions? your blood sucking City of San Diego reps are the worse.....

[Stay tune]

john wrote:

stay tune. you dont know anything. the park looks like s hit and you say be happy. loser. we lost. no money and live like s hit. 5 years for nothing . wasted on a loser case. the bay side is not bad but the other famlies are hurtinng.

Where did I say be happy? Just think you should still beleive in the law and that the judge will rule accordingly.

[Judy]

Hello to everyone,

I'm not sure I even know where to start.

I have been so busy going back and forth to Northern Ca taking care of a very ill relative that I have had no time to really give to this site. Sorry about that but I am happy to say my relative is doing much better. I hope everyone here is doing well, especially at De Anza.

I am sitting here with a cup of tea and have been reading the posts over and over, going back over the past months work and racking my brain trying to come up with something to help all of us. This is an awesome task and requires intelligence and perseverance of great magnitude. Money, too, would help, as lawyers and research cost a great deal.
This is what I have come up with.

Number 1.

Anon Park Lover has done us a great favor. Their insight and encouragement has been a great help. Most of all, they have offered some fresh and new ways of looking at things and some great ideas.
To those at our park and legal team: PLEASE read and pass on to others, the following posts from Anon Park Lover, 155,156,157,168,171,180,183,18 7,203,212,222,244,and 250. They are worth reading and rereading.

[Judy]

Number 2

The intelligence and perseverance it takes to accomplish what Anon Park Lover has written about, should be discussed with the residents at the park at one of our meetings and with our State reps and Donna Frye. Yes, I believe this was attempted before but it should be attempted again. It is worth the try and in today's economic climate, it just might work. Even consulting other professionals if necessary. Someone might have the talent and wit to accomplish what we need done.

Number 3

Appealing to the State Legislature may work but the problem with going the route of the city charter and taking it to a vote, is the Union Tribune. They have poisoned the public for years against us and frequently write scathing editorials damning us and calling us "squatters". They are a formidable foe and it is hard to fight a giant that hates you before you have even opened your mouth. This is a personal fight for them and for others in the city. They want us crushed. Not just moved or compensated. Not to have a breath left is what they hope for and I am sure they would do whatever is possible, illegal or immoral, to make sure we are destroyed. There is a good reason that no news is ever covered about De Anza but what they can twist and alter to their further gains. No one comes to write or cover our park in it's horrible state or to ever talk to our attorneys or residents. We just get scathing editorials and a city attorney that shows up and brags about how he is "saving" the city millions. We have been tortured for over four years and yet no one writes very much about that at all.

[Judy]

Number 4

That this land may not be natural tidelands, was dredged, may not be needed for tidelands, had a options to extend it's lease in 1999, lease could be extended, could be put on a city prop. or on the ballot, could have the charter changed, land could be bought, could be appealed to the state, grandfather clause, lease other land, indefinite residential use, might not be essential tideland, etc...( yes, these from Park Lover ) must be addressed as soon as possible. Like I wrote in number 1, all options must be addressed with any professionals that can be found. Time is of the essence. I agree with Anon Park Lover. Many have moved out and the park can be redone so there is more room for all and conditions can be improved greatly with repairs and better planning. I truly believe we have a chance with this. But time is important and fighting the Union Tribune and all the developers that want this land is a great and daunting task but can be done. It's worth a try.

[Judy]

Number 5

My thanks to all that continue to write and care. All of you are terrific. Even if we disagree, we are all on the same track, trying to find the best solution to this tragedy. Thank you for that. If you disagree with me, well, at least you know I tried. My posts are my way of trying to help us. I wish I could think of the answer that would save us. I just know I care and when I read of other's pain, I feel for them. We have all been hurt deeply by our own city and hopefully there will be a happy ending for all of us.

Take care and my best to all,

[Judy]

I should have put in a number 6 so here goes:

Number 6

Most of all thanks to our Home Owners Association and our President, board, and volunteers. They have done the greatest amount of work and donating. They are incredible and we are not homeless because of them.

[Judy]

I took a walk through the park to catch up on neighbors and how things were going. The park is in really horrible condition, as if it could get any worse. To top it off, the management has left fliers on homes, the neighbors tell me, saying that if you don't have your home meet management's satisfaction, they will charge you for any clean-up and repairs. This is an insult as they have let De Anza fall into disarray and allowed untold horrors to happen in the park. Management/city has ruined our mobile home park and they want us to fix and clean it. Millions of taxpayer dollars go to the management's free rents, benefits, and living expenses yet they go after the elderly and disabled. Why don't they take care of this park and it's people? Easy, they continue the pain and want those who are without hope to surrender. How sad.

I also talked to some neighbors who say that court was canceled for June 6th. I don't know if it will be rescheduled. They said it was to pick a receiver.

Let me know if anyone has any other news. Keep posting and try to keep your spirits up.