Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Eminent Domain Rights topic
No spam. Unsubscribe anytime.
Council adopts resolution of necessity to acquire easements for Vincent Moraga/Rancho California improvements
Summary
The council adopted a resolution authorizing eminent‑domain proceedings, if necessary, to acquire right‑of‑way and temporary construction easements needed to complete Rancho California/Vincent Moraga improvements tied to the Altair project. Staff said the city and developer attempted negotiation and court filings are a last resort.
The City Council unanimously adopted a resolution of necessity on Oct. 28 authorizing acquisition — by eminent domain if negotiation fails — of permanent and temporary easements on a parcel at Rancho California Road and Vincent Moraga needed to complete off‑site improvements for the Altair development.
City staff said most necessary property interests for the project were acquired by negotiation but one remaining parcel owner (described in staff materials) did not reach settlement with the developer. The city explained that government code and the project agreement authorize the city to obtain the easement interests if the developer cannot secure them. The easements include a 5,572‑square‑foot permanent right‑of‑way dedication, a water‑utility maintenance easement around a detector check, and a temporary construction easement for about 18 months to allow construction access.
Staff presented the legal findings required by law: that the taking is for a public purpose (a circulation improvement consistent with the general plan), the project is planned and located to achieve the greatest public good with least private injury, the property interest is necessary to construct the improvement, and the city has made good‑faith offers per the Government Code. The resolution does not preclude further negotiation with the property owner before any eminent‑domain filing.
Council adopted the resolution unanimously and directed staff to continue negotiations while preparing acquisition materials. The action will permit the Western Bypass and associated intersection improvements to proceed on the schedule required by the Altair development approvals.
Provenance: staff presentation and legal findings 96:55–101:58; council adoption recorded at 103:21.
