Meeting_Body
SPECIAL BOARD MEETING
APRIL 15, 2026
Subject
SUBJECT: PUBLIC HEARING ON RESOLUTION OF NECESSITY FOR WESTSIDE PURPLE LINE EXTENSION SECTION 1 PROJECT
Action
ACTION: APPROVE RECOMMENDATION
Heading
RECOMMENDATION
Title
ADOPT the Resolution of Necessity authorizing the commencement of an eminent domain action to acquire a permanent subsurface easement (“Property Interest”) from the property known as 3839 Wilshire Boulevard, Los Angeles, CA 90010 APN: 5503-031-018 identified in Attachment A ("Property").
(REQUIRES TWO-THIRDS VOTE OF THE FULL BOARD)
Issue
ISSUE
Acquisition of the Property Interest is required to allow certain infrastructure, which was used in the construction of the Westside Purple Line Extension Section 1 Project (“Project”), to remain in place. 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 (Attachment B) to acquire the Property Interest by eminent domain.
Background
BACKGROUND
Previously, LACMTA acquired a 10-year temporary construction easement (TCE) on the Property for the construction of the Project. Specifically, the Property was used as a construction laydown area and as the site of an access shaft that was constructed for the removal of the tunnel boring machine. Prior to the expiration of the TCE, the Project removed portions of the shaft and related infrastructure, including everything within eight (8) feet of the surface, but needs to leave some of the support of excavation for the shaft in place underground. Accordingly, LACMTA is seeking to acquire the Property Interest containing approximately 479 square feet in size, in the location of the shaft infrastructure that is being left in place.
Discussion
DISCUSSION
A written offer of Just Compensation to acquire the Property Interest was delivered to the Owner of Record (“Property Owner”) by a letter dated December 22, 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. Instead, the Property Owner filed an inverse condemnation lawsuit against LACMTA, relating in part to the shaft infrastructure that remains in place. Because the Property Interest is necessary for the Project, staff recommends the acquisition of the Property Interest through eminent domain. This will allow LACMTA to compensate the owner for the Property Interest and to simultaneously address and resolve the inverse condemnation action.
In accordance with the provision of the California Eminent Domain law and Sections 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 a notice of this hearing to the Property Owner 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 Property Interest is necessary for the Project; 4) whether either the offer required by Section 7267.2 of the Government Code has been made to the Property Owner, or the offer has not been made because the Property 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 Interest 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 the Property Interest through the use of eminent domain (Attachment A).
There are no displacements of residents or local businesses as a result of the Property Interest.
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 this acquisition of Property is included in the Fiscal Year 2026 budget under Project 865518 Westside Purple Line Extension Section 1, in Cost Center 8510 (Construction Project Management), Account Number 53103 (Acquisition of Land), Fund 6012 of Land Account 53103.
Impact to Budget
The approved FY26 budget is designated for the Project and does not have an impact on operations funding sources. The funds were assumed in the Long-Range Transportation Plan for the Project. The tunneling elements of this project are not eligible for Proposition A and C funding.
Equity_Platform
EQUITY PLATFORM
The Property Interest 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 Property Interest. An offer for the Property Interest was delivered to the Property Owner by letter dated December 22, 2025, based on appraisal 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.” As of today, LACMTA staff have not reached an agreement with the Property Owner. Approving this action will allow staff to proceed with obtaining the necessary Property Interest and protect LACMTA from further exposure; meanwhile staff can continue negotiation efforts.
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 LACMTA’s significant investment in rail and bus transit.* LACMTA’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 LACMTA’s systemwide strategy to reduce VMT through investment activities that will improve/benefit and further encourage transit ridership. LACMTA’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 Vehicle Miles Traveled (VMT), 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 Property Interest for the Westside Purple Line Extension - Section 1 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 increased exposure and costs 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 Property Interest by eminent domain and to conclude those proceedings either by settlement or jury trial.
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
