File #: 2016-0723   
Type: Policy Status: Agenda Ready
File created: 8/31/2016 In control: Board of Directors - Regular Board Meeting
On agenda: 9/22/2016 Final action:
Title: CONSIDER: A. Holding a public hearing on the proposed Resolution of Necessity; and B. ADOPTING a Resolution of Necessity authorizing the commencement of an eminent domain action to acquire a fee interest in the real property identified as portions of Assessor's Parcel No. 5106-026-017, described above and shown on Attachment "A" (hereinafter the "Property"). (REQUIRES 2/3 VOTE OF THE BOARD)
Sponsors: Finance, Budget and Audit Committee
Indexes: Blue Line Improvement, Budgeting, Construction, Eminent domain, Mbl Signal System Rehabiliation (Project), Metro Blue Line, Metro Center Street Project, Metro Rail A Line, Policy, Private property, Project, Property acquisition, Resolution
Attachments: 1. Attachment A - Site Plan, 2. Attachment B-Staff Report, 3. Attachment C- Resolution of Necessity
Meeting_Body
REGULAR BOARD MEETING
SEPTEMBER 22, 2016

Subject/Action
SUBJECT: METRO BLUE LINE TRACK IMPROVEMENT PROJECT

ACTION: ADOPT A RESOLUTION OF NECESSITY TO ACQUIRE A FEE INTEREST IN REAL PROPERTY IDENTIFIED AS ASSESSOR'S PARCEL NO. 5106-026-017 IN THE CITY OF LOS ANGELES

Heading
RECOMMENDATION

Title
CONSIDER:

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

B. ADOPTING a Resolution of Necessity authorizing the commencement of an eminent domain action to acquire a fee interest in the real property identified as portions of Assessor's Parcel No. 5106-026-017, described above and shown on Attachment "A" (hereinafter the "Property").

(REQUIRES 2/3 VOTE OF THE BOARD)

Issue
BACKGROUND

Acquisition of the Property is required in connection with the construction and operation of the Metro Blue Line Track Improvement Project (hereinafter the "Project"). A written offer was presented to the Owner of Record, Residential Holdings & Investment, LLC (hereinafter "Owner"), as required by California Government Code Section 7267.2. The Owner has rejected the offer, and to date the parties have been unable to reach a negotiated agreement. 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 acquisition of private property by eminent domain), the Los Angeles County Metropolitan Transportation Authority ("Metro") has prepared and mailed notice of this hearing to the 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 public good and the least private inj...

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