Eminent domain action approved for Stanislaus County expressway. Landowners aren’t happy
Stanislaus County supervisors approved the use of eminent domain powers Tuesday for acquiring right-of-way from four additional property owners on the North County Corridor route.
The county Board of Supervisors approved resolutions to acquire properties in the 3700 block of Davis Avenue, the 3900 block of Minniear Avenue, 3600 block of Claribel Road and 5300 block of Claus Road. The easements are needed for building a three-mile section of the expressway, beginning at the Claribel and Oakdale road intersection, swinging south on Oakdale and then east on a new four-lane roadway to Claus Road.
The three-mile section will include overpasses at Roselle and Terminal avenues and the Burlington Northern Santa Fe railroad. The project involves local, state and federal partners, but the county is responsible for building the four-lane expressway as an east-west route across the county and needs to obtain right-of-way.
In April, the county began the eminent domain process to acquire four properties from owners, some of whom were faced with losing their homes.
Attorney Glenn Block of California Eminent Domain Legal Group asked the board Tuesday to delay the hearings on grounds it could not make a key finding for exercising eminent domain.
Block said his clients deserve a fair appraisal and compensation for giving up property for the public good, but also should be compensated for the diminished use of their property after the roadways and abutments are built.
The attorney said that making a fair offer, as required by law, is not possible if appraisers don’t see complete plans for the expressway project. Block said his clients were shown six pages of a 460-page plan.
“You need to know if the appraisal considered those items,” Block said, adding it’s not clear what plans were provided to the county’s appraiser.
The board gave approval Tuesday for acquiring a portion of three properties in the path of expressway.
The county offered $103,000 for a road easement on the 8.8-acre Claus Road property, across from the Riverbank ammo plant. The project won’t need to take a 1,430-square-foot home, a barn and outbuildings.
Luis Bonilla said the road easement, totaling 59,288 square feet, will take out irrigation lines and affect activities on the property, including the family’s business.
According to the county, the owners were contacted nine times by the county’s right-of-way consultant and have not expressed an interest in getting an independent appraisal.
Block made the same appeal to the board to delay the hearing on the Claus Road parcel, but the board unanimously approved a motion to initiate eminent domain. Bonilla was told by county staff the road work may begin in spring 2024.
The board also approved use of eminent domain to obtain a 2,275-square-foot easement across the Minniear Avenue parcel. A 1,400-square-foot home will remain on the one-acre parcel.
A county-hired appraiser recommended paying the owner $15,800 for the small easement. The owner, Nathan Cox, who’s represented by the law firm, has expressed interest in an independent appraisal before making a counteroffer.
The county’s right-of-way consultant first met with the owners of the Davis Avenue property Feb. 8 and has met with them seven other times to discuss a purchase offer for 46% of a 10.4-acre parcel. The county’s appraisal valued the 4.8 acres at $236,600.
The county needs to build a roadway across the property for a realignment of Claribel Road and doesn’t need to take a 3,364-square-foot home on northern edge of the parcel. The owner has sought legal advice and has not made a counteroffer.
County staff told supervisors that negotiations with property owners may continue through the eminent domain process, which also allows the county to seek an order to possess property so construction can begin.
Project needs entire parcel
Board Chairman Terry Withrow said the county is close to agreement with another parcel owner who had enough project information for an independent appraisal.
The county will acquire the entire four-acre parcel in the 3600 block of Claribel Road, including a 1,478-square-foot house. The county’s appraisal set the property value at $667,230, but the owner’s independent appraisal was $100,000 higher.
Public Works Director David Leamon said the county team accepted the independent appraisal. Although the county began the eminent domain process, staff said they have a verbal agreement over the purchase price.
The county offers to reimburse $5,000 for property owners who get their own appraisal.
This story was originally published August 31, 2022 at 10:21 AM.
