Metro - File #: 2020-0057

• File #: 2020-0057
• Type: Policy
• Status: Agenda Ready
• File created: 1/8/2020
• In control: Board of Directors - Regular Board Meeting
• On agenda: 2/27/2020
• Title: CONSIDER: A. Holding a hearing on the proposed Resolution of Necessity; and B. Adopting a Resolution of Necessity authorizing the commencement of an eminent domain action to acquire Parcel RC-SPA-4 (APN Not Applicable), consisting of real property located within the 2nd Street and Hope Street right-of-way (hereinafter the "Property"). REQUIRES 2/3 VOTE
• Sponsors: Board of Directors - Regular Board Meeting
• Indexes: Budgeting, California Environmental Quality Act, Construction, Eminent domain, Measure R, Metro Blue Line, Metro Exposition Line, Metro Gold Line, Metro Rail A Line, Metro Rail E Line, Metro Rail L Line, Policy, Private property, Project, Property acquisition, Regional Connector (Project), Regional Connector Transit Corridor Project, Resolution, Strategic planning

Meeting_Body
REGULAR BOARD MEETING
FEBRUARY 27, 2020

Subject
SUBJECT: REGIONAL CONNECTOR TRANSIT CORRIDOR PROJECT

Action
ACTION: ADOPT RESOLUTION OF NECESSITY TO ACQUIRE
PARCEL RC-SPA-04

Heading
RECOMMENDATION

Title
CONSIDER:

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

B. Adopting a Resolution of Necessity authorizing the commencement of an eminent domain action to acquire Parcel RC-SPA-4 (APN Not Applicable), consisting of real property located within the 2nd Street and Hope Street right-of-way (hereinafter the "Property").

REQUIRES 2/3 VOTE

Background
BACKGROUND

Acquisition of the Property (See Attachment A) is required for construction and operation of the Regional Connector Transit Corridor Project ("Project"). As required by California Government Code Section 7267.2, a written offer must be presented to the Owner or Owners of Record (hereinafter "Owner"). Los Angeles County Metropolitan Transportation Authority ("LACMTA") contracted with Chicago Title Company and Wagner Engineering to determine ownership of the property. However, due to a convoluted ownership history, several street realignments, and revised parcel mapping, neither subcontractor could identify the Owner. In order to comply with California Government Code Section 7267.2, LACMTA contracted with eminent domain counsel Burke, William & Sorensen, LLP, to serve the written offer through publication. The offer was published in the Los Angeles Daily Journal newspaper for the weeks of January 10, January 17 and January 24, 2020, and was also posted on-site. To date, there has not been a response to the written offer publication or posting. Because the Property is necessary for construction of the Project, staff recommends the acquisition of the Property through eminent domain.

In accordance with the provisions of the California Eminent Domain law and Sections 30503, 130220.5 and 132610 of the California Public Utilities Code (which authorize the public a...