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Board authorizes eminent‑domain steps for Coyote Creek Bikeway after property owner objects

Orange County Board of Supervisors · January 14, 2025
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Summary

The board moved forward with resolutions of necessity for the Coyote Creek Bikeway, despite objections from a nearby apartment owner’s attorney who said the county’s appraisal undervalued improved property and undercompensated residents for lost parking spaces.

The Board of Supervisors approved resolutions of necessity to acquire easements for the Coyote Creek Bikeway project on Jan. 14 after a public hearing. Brian English, an attorney for the owner of a 122‑unit apartment complex adjacent to the proposed alignment, urged the board to delay action and correct appraisal and compensation calculations.

Brian English said the county’s appraisal treated his client’s improved multifamily property as vacant land and that the county had offered compensation for only one year of lost use while the project eliminates 30 resident‑assigned parking spaces for an estimated five‑year period. "No law allows the County to appraise an improved property using the fiction that it is vacant," English said, and he warned the board a premature resolution would not withstand judicial scrutiny.

Board members acknowledged the concerns but characterized the vote as a procedural next step to allow negotiations and, if necessary, condemnation proceedings. Vice Chair Doug Chaffee, who moved the item, said the project is at a late stage and the board needed to proceed to secure the right‑of‑way. The board voted to authorize staff to continue negotiations and to retain outside eminent‑domain counsel if needed; the motion carried unanimously.

Next steps: County counsel and staff will pursue further negotiations with affected property owners, complete any required appraisals and, if negotiations fail, proceed with condemnation pursuant to the board’s authorization.