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Board authorizes eminent domain for Castro Valley storm‑drain bypass after owner objects
Summary
Alameda County approved a resolution of necessity allowing the Flood Control District to seek a permanent storm‑drain easement through the Valley Inn property in Castro Valley and to commence eminent domain proceedings if negotiations fail. The vote was 4–0 with one excused.
The Alameda County Board of Supervisors on June 3 adopted a resolution of necessity authorizing the Flood Control District to pursue a permanent storm‑drain easement and, if needed, commence eminent domain proceedings for a Line C8 bypass in Castro Valley.
Public Works staff told the board that an unrecorded, corrugated storm‑drain line serving the area is more than 70 years old, cannot be reliably located by video inspection and has failed; the proposed bypass would reroute storm flows to prevent repeated flooding of nearby properties and to meet 100‑year storm capacity needs. Public Works said the bypass must be built before the rainy season to avoid further flood damage.
Sajid Desai, representing property owners Tekor and Kamubin Desai (the Valley Inn at 17130 Foothill Boulevard), told the board the existing line had served the public for decades and that the county should repair it rather than condemn private property. Desai asked the county to address compensation for business losses during construction and to avoid precluding future redevelopment of the site.
Public Works responded that the existing pipe is effectively unrecoverable and that staff had attempted video inspection without locating a usable line. The department said it had offered an appraisal‑based payment (roughly $67,300 on the table per the board letter) and that negotiations had reached an impasse because the property owners had not provided requested business records. Staff said the eminent domain process would preserve the property owner’s right to litigate compensation in court, and that board authorization often motivates settlement before litigation.
Supervisor Miley moved and Supervisor Marquez seconded the resolution of necessity; the board voted to adopt it (Supervisors Marquez, Miley, Fortunato Bass and Tam voting yes; President Halbert excused). The action authorizes the district counsel to commence eminent domain proceedings and to apply for prejudgment possession if necessary.
What’s next: Public Works will continue negotiations with the property owner and pursue construction if an agreement is reached; if not, counsel will commence eminent domain proceedings and the courts will determine compensation.
