Meeting_Body
REGULAR BOARD MEETING
JULY 24, 2025
Subject
SUBJECT: PUBLIC HEARING ON RESOLUTION OF NECESSITY FOR WESTSIDE PURPLE LINE EXTENSION SECTION 2 PROJECT
Action
ACTION: APPROVE RECOMMENDATION
Heading
RECOMMENDATION
Title
ADOPT the Resolution of Necessity authorizing the commencement of an eminent domain action to acquire an 18-month Temporary Construction Easement (“TCE”) from the property known as 1950 Century Park East, Los Angeles, CA 90067 APN: 4319-001-008.
(REQUIRES TWO-THIRDS VOTE OF THE FULL BOARD)
Issue
ISSUE
Acquisition of the 18-month TCE is required for the ongoing construction of the Westside Purple Line Extension Section 2 (“Project”). After consideration of the evidence submitted by staff (Attachment A) and after testimony and evidence has been received from all interested parties at the hearing, Los Angeles County Metropolitan Transportation Authority (“LACMTA”), by a vote of two-thirds of its Board of Directors (“Board”), must make a determination as to whether to adopt the proposed Resolution of Necessity to acquire the TCE by eminent domain.
Background
BACKGROUND
Acquisition of the TCE is required for the ongoing construction of the Project. LACMTA is seeking to acquire an 18-month TCE over the entire 29,852 square feet of the Property including the use of the office building located on the surface. LACMTA previously acquired a 98-month TCE which will expire December 31, 2025. The current use of the TCE is for construction staging/laydown and construction of an access shaft for the Constellation Station and tunnel alignment. The new TCE will begin December 31, 2025 and expire June 30, 2027.
Discussion
DISCUSSION
A written offer of Just Compensation to purchase the TCE was delivered to the Owner of Record (“Property Owner”) by a letter dated June 20, 2025, as required by California Government Code Section 7267.2. The Property Owner has not accepted the offer of Just Compensation, and the parties have not reached a negotiated settlement for the acquisition. Because the TCE is necessary for the construction of the Project, staff recommends the acquisition of the TCE through eminent domain to obtain possession to maintain the Project’s schedule.
In accordance with the provision of the California Eminent Domain law and Section 30503, 30600, 130051.13, 130220.5 and 132610 of the California Public Utilities Code (which authorizes the public acquisition of private property by eminent domain), LACMTA has prepared and mailed notice of this hearing to the Owners informing them of their right to appear at this hearing and be heard on the following issues: 1) whether the public interest and necessity require the Project; 2) whether the Project is planned or located in the manner that will be most compatible with the greatest good and the least private injury; 3) whether the TCE is necessary for the Project; 4) whether either the offer required by Section 7267.2 of the Government Code has been made to the Owner, or the offer has not been made because the Owner cannot be located with reasonable diligence; 5) that any environmental review of the Project, as may be necessary, pursuant to the California Environmental Quality Act (CEQA) has occurred; and 6) whether LACMTA has given the notice(s) and followed the procedures that are a prerequisite to the exercise of the power of eminent domain.
After all the testimony and evidence has been received from all interested parties at the hearing, LACMTA must make a determination as to whether to adopt the proposed Resolution of Necessity to acquire the Property by eminent domain. In order to adopt the resolution, LACMTA must, based on the evidence before it, and by vote of two-thirds of its Board, find and determine that the conditions stated in items 1 - 6 above exist.
Attached is the Staff Report prepared by staff and legal counsel setting forth the required findings for acquiring TCE through the use of eminent domain (Attachment A).
There are no displacements of residents or local businesses as a result of the acquisition of the TCE.
Determination_Of_Safety_Impact
DETERMINATION OF SAFETY IMPACT
The Board action will not have an impact on LACMTA’s safety standards.
Financial_Impact
FINANCIAL IMPACT
The funding for the acquisition of the Property is included in the Fiscal Year 2026 budget under Project 865522 Westside Purple Line Extension Section 2, in Cost Center 8510 (Construction Project Management), and Account Number 53103 (Acquisition of Land) and Fund 6012.of Land Account 53103.
Impact to Budget
The approved FY26 budget is designated for the Westside Purple Line Extension Section 2 and does not have an impact on operations funding sources. The funds were assumed in the Long-Range Transportation Plan for the Project. This Project is not eligible for Proposition A and C funding due to the proposed tunneling element of the Project.
Equity_Platform
EQUITY PLATFORM
The TCE is required for the completion of the Project. The project will provide greater operational safety, decrease travel time, improve air quality, and increase access to the corridor, especially for those who work, visit, or live along the corridor or will use it to access other key destinations across the county. This public good will also support the fulfillment of Metro’s LA County Traffic Improvement Plan under Measure M.
There are no displacements of residents or local businesses resulting from the acquisition of this TCE and the property will be returned to the Property Owner upon expiration of the TCE. An offer for the TCE was delivered to the Property Owner by letter dated June 20, 2025, based on appraisals of fair market value. Fair market value is defined as “the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.” LACMTA staff has been negotiating with the Property Owner, but an agreement has not yet been reached. Approving this action will allow staff to continue negotiations while maintaining the project schedule.
Vehicle_Miles_Traveled_Outcome
VEHICLE MILES TRAVELED OUTCOME
VMT and VMT per capita in Los Angeles County are lower than national averages, the lowest in the SCAG region, and on the lower end of VMT per capita statewide, with these declining VMT trends due in part to Metro’s significant investment in rail and bus transit.* Metro’s Board-adopted VMT reduction targets align with California’s statewide climate goals, including achieving carbon neutrality by 2045. To ensure continued progress, all Board items are assessed for their potential impact on VMT.
As part of these ongoing efforts, this item is expected to contribute to further reductions in VMT. This item supports Metro’s systemwide strategy to reduce VMT through investment activities that will improve/benefit and further encourage transit ridership. Metro’s Board-adopted VMT reduction targets were designed to build on the success of existing investments, and this item aligns with those objectives.
Specifically, this Project will result in a reduction of Vehicle Miles Traveled (VMT) on the highway system, leading to decreased roadway congestion, pollutant emissions, and fossil fuel consumption. “The Locally Preferred Alternative (LPA) will have a beneficial effect on the regional transportation network by reducing VMT, Vehicle Hours Traveled (VHT), and peak-hour trips compared to both existing conditions and future projections. For example, in 2035, the LPA (Century City Constellation Option) is expected to result in approximately 581,000 fewer regional VMTs compared to the No Build Alternative." (Source: Westside Subway Extension, Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR), January 2012).
*Based on population estimates from the United States Census and VMT estimates from Caltrans’ Highway Performance Monitoring System (HPMS) data between 2001-2019.
Implementation_of_Strategic_Plan_Goals
IMPLEMENTATION OF STRATEGIC PLAN GOALS
The Board action is consistent with LACMTA Vision 2028 Goal #1: Provide high quality mobility options that enable people to spend less time traveling. Adoption of the Resolution of Necessity is a required step to acquire the TCE for the Westside Purple Line Extension - Section 2 Project which will provide an improved mobility option.
Alternatives_Considered
ALTERNATIVES CONSIDERED
The Board could choose not to approve the recommendation. This is not recommended as it will result in significant delays and cost increases for the Project.
Next_Steps
NEXT STEPS
If this action is approved by the Board, LACMTA’s condemnation counsel will be instructed to take all steps necessary to commence legal proceedings in a court of competent jurisdiction to acquire the TCE by eminent domain and to conclude those proceedings either by settlement or jury trial. Counsel will also be directed to seek and obtain an Order of Prejudgment Possession in accordance with the provisions of the eminent domain law.
Attachments
ATTACHMENTS
Attachment A - Staff Report
Attachment B - Resolution of Necessity
Prepared_by
Prepared by: Craig Justesen, Executive Officer, Real Estate, (213) 922-7051
Holly Rockwell, Senior Executive Officer, Real Estate/TOC,
(213) 922-5585
Nicole Ferrara, Deputy Chief Planning Officer, (213) 547-4322
Reviewed_By
Reviewed by: Ray Sosa, Chief Planning Officer, (213) 547-4274
