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People who will live near planned Stanislaus expressway say they aren’t getting enough money

BA NCC corridor 1
The North County Corridor expressway will veer south from the Claribel and Oakdale Road intersection near Riverbank’s Crossroads shopping center and then turn east to parallel Claribel Road to a new intersection at Claus Road. Modesto Bee file

As the process begins to build a four-lane expressway through northern Stanislaus County, some people who will lose their homes to the project say they aren’t getting enough money to relocate.

The North County Corridor is a four-lane expressway designed to improve west-to-east traffic flow and relieve growing congestion in Stanislaus County.

But it won’t be built without uprooting some people from their homes.

The county began the process of acquiring four properties last week through the eminent domain process if settlements are not reached for right of way.

The county is trying to acquire a one-acre piece on Roselle Avenue, including a 4,800-square-foot home and 1,600-square-foot second home, as well as nine acres of vacant land owned by the same family. The land is needed for a new interchange where the expressway will cross over Roselle Avenue north of Modesto.

In July, the county’s right-of-way consultants offered $1.18 million for the property with the two homes and $330,000 for the nine acres, based on appraisals of fair market value. The owners have not responded with a counteroffer, a county report said.

Connie Gilbert, one of the owners, told county supervisors at their meeting last week that communication has been poor. The county has not offered nearly enough to buy a comparable home, Gilbert said. Her family has talked to attorneys but hopes to avoid a dispute in court, she added.

“We have talked to several attorneys and don’t want to go through that process,” Gilbert said. “If it means we have to fight, then we are going to fight.”

Housing market ‘horrible’

In some cases, the county will need to reach a settlement for expensive real estate with owners who are losing their dream homes. The county is also faced with displacing older people on limited incomes who will have trouble finding a new home in a difficult housing market.

Can Lu, a Vietnam War veteran who was once held as a prisoner, said he and his wife live on fixed incomes and they can’t afford a mortgage. A county-hired appraiser said their 2.8-acre residential property on Claribel Road near Terminal Avenue is worth $375,000.

“The market for homes is horrible,” Lu said. “You look (at a home for sale) and two days later it’s sold. ... If you can find me a place, I will go.”

The board voted unanimously last week to start the eminent domain process for the Gilbert and Lu properties, and another custom home on Claribel Road, just east of Terminal Avenue, because the county is not close to settlements with the owners.

The county is a partner with Modesto, Riverbank, Oakdale, the Stanislaus Council of Governments, the state and federal government in the 18-mile North County Corridor project, which will run from McHenry Avenue to a connection with Highway 120 six miles east of Oakdale. It will use Kiernan Avenue as a link to Highway 99.

State and federal agencies handled the environmental review but the county is working on building a 3-mile segment from Oakdale Road to Claus Road. The new expressway will veer south from the Claribel and Oakdale Road intersection near Riverbank’s Crossroads shopping center and then turn east to parallel Claribel Road to a new intersection at Claus Road.

The plan includes grade separations to take expressway traffic over Roselle Avenue, the Burlington Northern Santa Fe railroad and Terminal Avenue. A realignment of Claribel Road will cut directly across the Lu family property, where the retired couple live in a 1,424-square-foot house.

Phase affects dozens of parcels

Almost 60 parcels are affected by this construction phase, and of those, the county will likely have to completely acquire 13, a county staff report said.

Before giving approval to start the eminent domain court process for the four parcels last week, county supervisors said there is still room for discussing sales price, relocation assistance through the state and other settlement costs. Approval of the resolution will kick-start the court process so the county can take possession of the properties by spring 2023.

County Public Works Director David Leamon said the county has assured affected property owners they will be reimbursed for getting independent appraisals.

A county report said Lu and his wife, Phuong, did not make a “credible” counteroffer after a meeting with the county’s right-of-way consultant last year. The owners were contacted on 10 separate occasions, the report said.

Lu said he speaks four languages and assisted special forces of the U.S. military in Vietnam. Two of their children have served in the military.

Board Chairman Terry Withrow thanked the veteran for his service to the country and the military service of his family members. Withrow promised the county will keep working with Lu and the other property owners to reach a fair agreement.

“We are going to make sure this works and is fair for everyone,” Withrow said.

$1 million offered for another property

The county also initiated the eminent domain process for a 3,138-square-foot home, with a pool, on 2.3 acres on Claribel Road, just east of Terminal Avenue.

The county’s consultants, Overland Pacific and Cutler, offered $1 million for the property. After the consultants met with the owners Aug. 8 to review the offer, the owners came back with a counterproposal of $2,130,000 in December. According to the county, the counteroffer was not based on an appraisal or verified sales in the area.

A county report said a real estate broker informed the consultants he was assisting the owners with drawing up a second counteroffer, but it hasn’t been received.

A representative for the owners told supervisors last week they need more time to find a suitable replacement home.

The funding plan for building the first phase of the expressway includes $25 million in public facility fees, $99 million from the Measure L road tax and state grants, and a $20 million federal grant. The agency partners hope to build the 3-mile segment so it can open to traffic in 2025.

For a digital tour of various segments of the North County Corridor project, go to northcountycorridorphase1.com.

North County Corridor graphic
North County Corridor graphic

This story was originally published April 11, 2022 at 6:00 AM.

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Ken Carlson
The Modesto Bee
Ken Carlson covers county government and health care for The Modesto Bee. His coverage of public health, medicine, consumer health issues and the business of health care has appeared in The Bee for 15 years.
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