File #: 2021-0332   
Type: Policy Status: Agenda Ready
File created: 5/11/2021 In control: Board of Directors - Regular Board Meeting
On agenda: 6/24/2021 Final action: 6/24/2021
Title: CONSIDER: A. HOLDING a public hearing on the proposed Resolution of Necessity; and B. ADOPTING the Resolution of Necessity authorizing the commencement of an eminent domain action to acquire APNs: 5173-003-012 and 5173-018-001 and in fee simple located at 621 and 703 Commercial Street, Los Angeles, CA 90012 (hereinafter called the "Property" as identified in Attachment A). (REQUIRES 2/3 VOTE OF THE BOARD)
Sponsors: Board of Directors - Regular Board Meeting
Indexes: Budgeting, Construction, Eminent domain, Link Union Station, Long Range Transportation Plan, Metro Rail A Line, Metro Rail B Line, Metro Rail D Line, Metro Rail L Line, Policy, Private property, Project, Property acquisition, Resolution, Southern California Regional Interconnector Project (Project), Strategic planning
Attachments: 1. Attachment A - Staff Report, 2. Attachment B - Resolution of Necessity
Meeting_Body
REGULAR BOARD MEETING
JUNE 24, 2021

Subject
SUBJECT: LINK US PROJECT - PBR REALTY, LLC

Action
ACTION: APPROVE RECOMMENDATIONS

Heading
RECOMMENDATION

Title
CONSIDER:

A. HOLDING a public hearing on the proposed Resolution of Necessity; and

B. ADOPTING the Resolution of Necessity authorizing the commencement of an eminent domain action to acquire APNs: 5173-003-012 and 5173-018-001 and in fee simple located at 621 and 703 Commercial Street, Los Angeles, CA 90012 (hereinafter called the "Property" as identified in Attachment A).

(REQUIRES 2/3 VOTE OF THE BOARD)

Issue
ISSUE

Acquisition of the Property is required for the construction and operation of the Link Union Station Project ("Project"). To date, staff has been unable to reach an agreement with the owner.

Background
BACKGROUND

A written offer to purchase was presented to the owner pursuant to Government Code Section 7267.2. The owner has not accepted the offer of Just Compensation made by the Los Angeles County Metropolitan Transportation Authority ("LACMTA"), and we have not reached a negotiated settlement of the acquisition. Because the property is necessary for the construction and operation of the Project, staff recommends the acquisition of the Property through eminent domain to obtain possession and determine the value in order to maintain the Project's schedule.

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 notice of this hearing to the owner informing them of the 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 inju...

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