File #: 2019-0487   
Type: Policy Status: Agenda Ready
File created: 6/7/2019 In control: Board of Directors - Regular Board Meeting
On agenda: 7/25/2019 Final action:
Title: CONSIDER: A. HOLDING a public hearing on the proposed Resolutions of Necessity; and B. ADOPTING Resolution of Necessity (Attachment B) authorizing the commencement of an eminent domain action to acquire a Temporary Construction Easement (TCE) from the properties identified as Parcels: CPN 80856-1 (APN: 2861-071-009) and CPN 81196-1 (APN: 2861-071-008). (REQUIRES TWO-THIRDS VOTE OF THE BOARD)
Sponsors: Finance, Budget and Audit Committee
Indexes: Budgeting, California Environmental Quality Act, Construction, Easements, Eminent domain, I-5, I-5 N Enhance Sr14/Kern Cnty (Project), Policy, Private property, Project, Property acquisition, Resolution, Safety, Strategic planning, Temporary Construction Easement
Attachments: 1. Attachment A- Staff Report, 2. Attachment B- Resolution of Necessity, 3. Presentation
Related files: 2019-0600
Date Action ByActionResultAction DetailsMeeting DetailsAudio
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Meeting_Body
REGULAR BOARD MEETING
JULY 25, 2019

Subject
SUBJECT: I-5 NORTH MANAGED LANES PROJECT

Action
ACTION: APPROVE RECOMMENDATIONS

Heading
RECOMMENDATION

Title
CONSIDER:

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

B. ADOPTING Resolution of Necessity (Attachment B) authorizing the commencement of an eminent domain action to acquire a Temporary Construction Easement (TCE) from the properties identified as Parcels: CPN 80856-1 (APN: 2861-071-009) and CPN 81196-1 (APN: 2861-071-008).

(REQUIRES TWO-THIRDS VOTE OF THE BOARD)

Background
BACKGROUND

Acquisition of the TCE, referred to herein as Property, is required for the construction and operation of the I-5 North Managed Lanes Project (Project). The TCEs are required to construct the proposed improvements, including bridge widening and freeway/ramp widening.

A written offer to purchase was delivered to the Owners of Record (Owners) as required by California Government Code Section 7267.2. The Owners have not accepted the offer of just compensation made by the Los Angeles County Metropolitan Transportation Authority (LACMTA), and the parties have not reached a negotiated settlement as of this date. Because the Property is necessary for construction of the Project, staff recommends the acquisition of the Property through eminent domain to maintain the Project schedule.

In accordance with the 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 timely prepared and mailed notice of this hearing to the Owners 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 an...

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