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Eyewitness News Investigates: Eminent Domain

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Eyewitness News investigates eminent domain making way for High Speed Rail. Some downtown Fresno businesses are already closing down as properties are being bought by the rail authority.

High Speed Rail is in the process of acquiring about 350 parcels along the first 24-mile stretch of proposed construction from east of Madera to downtown Fresno. Many property owners are feeling put out, and there's nothing they can do about it.

Jerry Villanueva rings the bell that's been on the front door of his business for eight years. He just finished moving everything out of this Quick Save Mmarket on Tulare and G Street. He's getting out now, while the owner of the building negotiates with the High Speed Rail Authority on the purchase price.

"It's sad, it's sad. It was our life," said Villanueva, a business owner.

Villanueva is one of dozens of workers being displaced by eminent domain. Businesses across the street from his are also closing down or moving soon. Property owners and tenants are being compensated by the rail authority, but some say it's not enough.

"The same customers aren't going to come back; there's no guarantee. I'm rebuilding the business from the ground up, wherever I go," said Villanueva.

Chinatown advocate Kathy Omachi says high speed rail offered $37,000 for a vacant building that Historic Chinatown owns. 

"We're fighting so hard because it has historic significance to the community, to the area, and it's honoring the family that donated the building to us. We want to make it an attraction for tourists," said Omachi.

Real estate attorney, Harry Pascuzzi, says property owners have few options when it comes to eminent domain.

"Once it's determined they want your property, you can't fight it. It's absolute. They can get your property. The only question is how much do they have to pay you for the property," said Pascuzzi. 

He's fighting for more money for several clients, and says High Speed Rail could force some businesses to close for good.

"One of the worst possible scenarios is, you owe $500,000 against your property, and fair market value is $400,000. You're going to get $400,000 for your property, but you still have to pay off your $500,000 loan, which will send some people to bankruptcy," said Pascuzzi. 

Eyewitness News requested the eminent domain property addresses for the first phase of construction along with the offers made, but HSR said those records are confidential until all properties have been acquired. It did provide a list of the 356 parcel numbers. 

Villanueva wonders when his old store will be leveled. Meanwhile, he's looking for a new space to set up shop.

"It's our family business and with the economy being down, they picked the right time to take businesses and take buildings because money is not there," said Villanueva.

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