Tulare County approves eminent domain findings for two parcels on Avenue 280 widening project

The Tulare County Board of Supervisors on Jan. 28 adopted resolutions of necessity to acquire portions of two privately owned parcels along Avenue 280 as part of the Caldwell Avenue (Avenue 280) widening project, voting unanimously to authorize the county to proceed with eminent domain as a last-resort step while continuing negotiations with owners.

The board took the actions after public hearings on two separate properties needed for the 2.5-mile Segment 2 widening — work that will convert the existing two-lane roadway to a four-lane corridor with multimodal accommodations, drainage upgrades and a bridge replacement. Reed Chenkie, Resource Management Agency project lead, told the board the project is funded in part by Measure R and that right‑of‑way acquisitions are time‑sensitive because staff plans right‑of‑way clearing this fall for utility relocations and construction beginning in spring 2026. "We do need to go through with the process so that we can continue with the schedule for the project," Chenkie said.

One hearing covered a portion of APN 127-50-008-001 (the "Hammer parcel"). Staff described a proposed permanent right‑of‑way take of roughly 0.68 acres and a temporary construction easement of about 0.25 acres along frontage and side strips; an initial county offer after appraisal was $80,800, including approximately $38,000 in severance damages for irrigation and fencing. Owner representation, Daniel Evans, objected to the scope and process and said additional owners beyond those noticed exist on title. "I also object on the grounds that the property proposed to be taken is excessive," Evans said, and he reserved additional objections pending further investigation.

A second hearing addressed APN 127-060-121 (the Russell Miller parcel), a roughly 0.42-acre parcel with a residence. Staff said the proposed permanent take is about 1,785 square feet with a 1,050-square-foot temporary construction easement. The county's October 2023 offer was $37,600, which included about $20,000 for severance damages to a fence, gate and landscaping. Evans repeated similar objections on behalf of Mr. Miller, arguing the county was taking more frontage on that side of the street than on the opposing side and restating concerns about the duration and effect of temporary construction easements on farmland productivity: "The bigger concern with the temporary construction easement is the length of time that it exists because, essentially, that property is not useful during that time period."

County staff told the board that older temporary construction easements without expiration dates have been identified countywide and that the proposed ordinance amendment (considered earlier on the agenda) would authorize the Resource Management Agency director to quitclaim temporary construction easements tied to county road projects when the easement is no longer needed, reducing clouded titles and administrative burden. Chenkie noted that earlier phases of the Avenue 280 corridor had been negotiated without eminent domain and said that remains the county's intent where possible.

After hearing testimony and questions from supervisors, the board voted to adopt the required findings under eminent domain law — that the project is consistent with the project's approved environmental documents (a Notice of Determination approved in 2012 was cited by staff), that the acquisitions are necessary for the public interest and that the offers required by Government Code section 7267.2 were made. Motions to adopt the resolutions of necessity carried unanimously for both parcels.

The county emphasized the resolutions start a legal process but do not foreclose continued negotiation or settlement; staff said negotiated settlements have resolved prior right‑of‑way items on the same corridor. The board did not set compensation in this action; appraisals and offers remain part of ongoing negotiations.

Looking ahead, the project team said design is about 90% complete, right‑of‑way clearing is planned for fall 2025, utility relocations during winter 2025 and construction in spring 2026. Supervisors urged staff and negotiators to continue working in good faith with owners and to be mindful of impacts such as road placement close to residences and the time property is taken out of productive use.

Property owners or representatives may submit further materials to county negotiators; the resolutions of necessity authorize the county to proceed with eminent domain only if settlement is not reached.