Meeting_Body
REGULAR BOARD MEETING
OCTOBER 22, 2026
Subject
SUBJECT: PUBLIC HEARING ON RESOLUTIONS OF NECESSITY FOR I-105 EXPRESS LANES PROJECT
Action
ACTION: APPROVE RECOMMENDATION
Heading
RECOMMENDATION
Title
ADOPT the Resolutions of Necessity authorizing the commencement of eminent domain actions to acquire the Property Interests for the properties identified in Attachment A and described as follows:
1. 2900 Fernwood Avenue, Lynwood, CA 90262; APN: 6169-002-013; CPN: 86909 (Permanent Aerial Easement, 618 square feet; Permanent Utility Easement, 783 square feet; and a 24-month Temporary Construction Easement, 4,505 square feet)
2. 2800 Fernwood Avenue, Lynwood, CA 90262; APN: 6169-002-012; CPN: 86910 (Permanent Aerial Easement, 524 square feet; Permanent Utility Easement, 607 square feet; and a 24-month Temporary Construction Easement, 4,715 square feet)
The interests being acquired in the above-listed properties are referred to herein as the “Property Interests.”
(REQUIRES TWO-THIRDS VOTE OF THE FULL BOARD)
Issue
ISSUE
Acquisition of the Property Interests is required for the construction and operation of the I-105 Express Lanes Project (“Project”). After testimony and evidence has been received from all interested parties at the hearings, 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 Resolutions of Necessity (Attachments B-1 and B-2) to acquire the Property Interests by eminent domain. Attached is evidence submitted by staff that supports the adoption of the resolutions, and which sets forth the required findings (Attachment A).
Background
BACKGROUND
The Project will ease traffic and enhance safety on the Interstate 105 (I-105) freeway through the conversion of the existing High Occupancy Vehicle (HOV) lane into two Metro Express Lanes in each direction on the I-105 freeway. Metro Express Lanes are available for use by all motorists, as a toll-free option to carpools and buses and by paying a toll for single occupant drivers.
The I-105 Express Lanes Project will do the following:
• Enhance freeway operations and safety by improving traffic flow and reducing stop and go conditions
• Ease congestion by improving travel speeds on the Express Lanes to meet the federal standard
• Reduce freeway overflow traffic onto nearby city streets
• Reinvest the revenue from the use of toll lanes on mobility improvements and transit projects in communities along the corridor
This Project expands the network of Metro Express Lanes in LA County and provides direct access and connection to the I-110 Metro Express Lanes, helping to reduce congestion, improve travel efficiency and enhance highway safety. Construction on Segment 1 (from Sepulveda Blvd to Central Avenue) is underway and expected to open to traffic in 2028. Construction for Segment 2 (Central Avenue to I-710) and Segment 3 (I-710 to Studebaker Rd) is anticipated to begin in mid-2026 and be completed in 2029.
Discussion
DISCUSSION
As required by California Government Code Section 7267.2, written offers of Just Compensation to purchase the Property Interests were delivered to the Owners of Record (“Owners”) on August 25, 2026 for CPN: 86909 and on August 27, 2026 for CPN: 86910.
The Owners of CPN: 86909 and CPN: 86910 have not accepted LACMTA’s offers to purchase the Property Interests. Because acquisition of all Property Interests is necessary for the construction and operation of the Project, staff recommends the acquisition of the Property Interests through eminent domain to obtain possession in order to maintain the Project’s schedule. LACMTA will continue in good faith to try to reach an agreement to purchase the Property Interests and resolve and settle the litigation, even after commencement of the eminent domain action.
In accordance with provisions of the California Eminent Domain Law and Sections 30503, 30600, 130051.13, 130220.5 and 132610 of the California Public Utilities Code, (which authorize the public acquisition of private property by eminent domain), LACMTA has prepared and mailed notice of this hearing to the owners and, where applicable, tenants, 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 public good and the least private injury; (3) whether the Property Interests are necessary for the Project; (4) whether either the offers required by Section 7267.2 of the Government Code has been made to the owner(s) of the Property Interests, or the offers have not been made because the owner(s) cannot be located with reasonable diligence; (5) whether any environmental review of the Project, as may be necessary, pursuant to the California Environmental Quality Act (CEQA), has occurred; (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; (7) whether, to the extent any of the Property Interests are currently devoted to a public use, LACMTA’s intended use is either compatible or a more necessary public use; and (8) whether, pursuant to CCP § 1240.330, LACMTA may acquire substitute property. In order to adopt the Resolutions, LACMTA must, based on the evidence before it, and by a vote of two-thirds of its Board, find and determine that the conditions stated in items 1 - 8 above exist.
Attached is the Staff Report prepared by staff and legal counsel setting forth the required findings for acquiring the Property Interests through the use of eminent domain (Attachment A).
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 funds required to support the acquisitions and the recommended right-of-way action for the properties referenced in this report are included in the adopted Project’s Life of Project Budget (LOP) approved by the Board in October, 2025 under Cost Center 8510, Project number 475004, I-105 Express Lanes.
Impact to Budget
The sources of funds for the recommended actions include Measure M, State Solution for Congestion Corridors Program, and toll-backed financing. These funds are not eligible for bus and rail operations.
Impact to Budget
[describe impact to the budget]
Equity_Platform
EQUITY PLATFORM
Along the I-105 corridor, 61.4% of census tracts within a three-mile radius are Equity Focus Communities (EFC). That includes 67.5% of census tracts within Segment 1 and 62% of census tracts within Segment 2 and 3.
Staff completed equity assessments for Segment 1, 2 and 3 that identified potential projects that could be funded with future net toll revenue to benefit communities within a three-mile radius of the corridor. When completed, the project will provide significant mobility improvements particularly the Express Lanes, safety enhancements, and noise mitigation through new/taller soundwalls.
While Flatiron-Myers, A Joint Venture (FMJV), the construction contractor made a 12.40% Disadvantaged Business Enterprise (DBE) commitment on Phase 1 - Pre-Construction and a 19% DBE commitment on the Phase 2 - Construction, the U.S. Department of Transportation has issued an Interim Final Rule (IFR) that makes changes, including suspension of goals and enforcement, to the DBE Program effective October 3, 2025. Metro is currently reviewing the IFR to identify necessary program and procedural changes to ensure full compliance. As such, while the DBE commitment is not a factor in the staff recommendation, there are 27 Metro-certified small businesses participating in this contract. This is noteworthy since small businesses are vital for the economy as they drive job creation, foster innovation, and strengthen local communities.
The Project Labor Agreement/Construction Careers Policy (PLA/CCP) is also applicable on the Phase 2 - Construction portion of this contract.
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.
While the agency remains committed to reducing VMT through transit and multimodal investments, some projects may induce or increase personal vehicle travel. However, these individual projects aim to ensure the efficient and safe movement of people and goods.
This Board item is expected to increase VMT in LA County, as it includes an investment that may produce additional vehicle trips as a result of increasing the roadway capacity on currently congested portions of I-105. Although this item may not directly contribute to the achievement of the Board-adopted VMT Reduction Targets, the VMT Targets were developed to account for the cumulative effect of a suite of programs and projects within the Metro region, which individually may induce or increase VMT. Additionally, Metro has a voter-approved mandate to deliver multimodal projects that enhance mobility while ensuring the efficient and safe movement of people and goods.
This project is exempt from CEQA VMT mitigation requirements.
*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 Project is consistent with the following Metro Vision 2028 Goals and Objectives:
• Goal 1: Provide high-quality mobility options that enable people to travel less by increasing regional highway capacity and offering travelers on the corridor a new, faster, more reliable, and more convenient travel mode alternative.
• Goal 2: Deliver outstanding trip experiences for all transportation system users by improving trip times and travel speeds for Express Lanes and general-purpose lanes.
• Goal 4: Transforming LA County through regional collaboration and national leadership by strengthening Metro’s relationships with Caltrans, the Federal Highway Administration, Los Angeles County, local cities/jurisdictions, and other agencies.
Alternatives_Considered
ALTERNATIVES CONSIDERED
The Board may choose not to approve the recommendation. This is not recommended as it would result in significant delays and cost increases for the Project. Furthermore, delay to the Project will have detrimental effects on the available Federal and State Grant funding dollars.
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 Interests by eminent domain and to conclude those proceedings either by settlement or jury trial. Counsel will also be directed to seek and obtain Orders of Prejudgment Possession in accordance with the provisions of the Eminent Domain Law. Staff will continue to negotiate with the property owners with the goal of reaching voluntary settlements while concurrently pursuing the eminent domain process to preserve the project schedule. LACMTA will continue to work with any displacees regarding relocation benefits.
Attachments
ATTACHMENTS
Attachment A - Staff Report
Attachment B-1 - Resolution of Necessity - CPN 86909
Attachment B-2 - Resolution of Necessity - CPN 86910
Prepared_by
Prepared by: Darryl Root, Senior Director, Real Estate, (213) 922-5281
Craig Justesen, Senior Executive Officer (Interim), Real Estate & Transit Oriented Communities, (213) 922-7051
Reviewed_By
Reviewed by: Ray Sosa, Chief Planning Officer, (213) 922-2920
