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happened.
Before the creation of the garden, the land belonged to nine different owners the largest of which was Alameda-Barbara Investment Company, a real-estate firm which purchased its share in 1980. The company held 80% of the property that would become the present urban garden. <1> The city of Los Angeles acquired the land, by eminent domain, in 1986 for the purpose of building a waste-to-energy incinerator known as the Los Angeles City Energy Recovery Project. This idea was abandoned due to community opposition, led by Juanita Tate and Concerned Citizens of South-Central Los Angeles.
The final order of condemnation under eminent domain included a right to repurchase the land should the city sell it for non-public or non-housing purposes within ten years of the condemnation for the largest land owner, Alameda-Barbara Investment Company. The City sold the property to the L.A. Harbor Department in 1994.
July 1994 the Harbor Department granted a revocable permit to the L.A. Regional Food Bank – a private, nonprofit food-distribution network housed across the street from the Lancer site – to occupy and use the site as a community garden.
In 2001, Ralph Horowitz, a partner in former property owner Alameda-Barbara sued the City for breach of contract, for failure to honor the original right of repurchase.<2>
In 2003, the City of L.A. settled with Horowitz. The sale was for $5,050,000<3>, which was well below market value for the property. Horowitz agreed to donate 2.6 acres of the site for a public soccer field, as part of the settlement. The City Council discussed and approved the terms of the settlement in closed session.
Shortly thereafter the Los Angeles regional Foodbank abandoned the project. In response the farmers formed an organization calling themselves the 'South Central Farmers Feeding Families.'
On January 8, 2004, Horowitz issued a notice to the gardeners setting February 29, 2004, as the termination date for the community garden. In response members of the South Central Farmers Feeding Families obtained legal counsel (Hadsell & Stormer, Inc., and Kaye, Mclane & Bednarski LLP) and filed a lawsuit seeking to invalidate the sale of the property. The Los Angeles County Superior Court issued a temporary restraining order and later a preliminary injunction halting development of the property until the lawsuit could be settled. The farmers lost the lawsuit.
Horowitz sought $16.3 million for the property, more then three times the price he paid for it two years ago.<4> In a deal brokered in cooperation by The Trust for Public Land, the SCF have successfully raised a little over six million dollars. Fundraising efforts continued as farmers and celebrities have begun both a tree sitting campaign and occupation of the land, while under the threat of forced eviction by the Los Angeles County Sheriff Department. <5[br />
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