Caltrans to take land for turn lane

The state has taken steps to use the power of eminent domain to force two landowners to transfer a portion of their properties for the East Sonora Bypass project.

Caltrans wants to place a left-turn pocket on Highway 108 at the Via Este turnoff, but first the state needs a sliver of the two properties.
   

The timing of the project depends on what happens with those properties, according to Caltrans officials, who pointed out that sometimes eminent domain lawsuits can take a year to resolve.

The county has pushed for the turn pocket for several years, according to Darren Grossi, deputy director of the Tuolumne County Transportation Department. He said without the turn pocket, there is a risk of rear-end collisions due to the high speeds vehicles travel on that stretch of Highway 108.

Grossi said the turn-pocket project is a good example of how the power of eminent domain should be used.

“It’s for public safety,” he said.

Eminent domain allows the state to seize private property with due compensation but without the owner’s consent.

The state filed two eminent domain complaints in Tuolumne County Superior Court in April against Donald and Margaret Schuitemaker, and William Hemstalk and Janelle Franco, the trustees of the two estates.

So far, the trustees have not filed a response to the state’s complaints against them and could not be reached for comment.   

According to the complaints, Caltrans officials were rebuffed when they made offers for slivers of the two properties, located on separate sides of Barnwood Court, just east of Via Este. The Schuitemakers were offered $14,000 for their property, while Hemstalk and Franco were offered $5,900.

The California Transportation Commission, which oversees state transportation projects, has cited four reasons eminent domain should be used on the two properties should a negotiation with owners not be reached: 

• The public interest and necessity require the Via Este project.

• The project is planned in a manner that will be most compatible with the greatest public good and the least private injury.

• The properties are necessary for the road project.

• Offers have been made to the landowners for the properties to no avail.

Grossi noted that eminent domain is being used at increasing rates by the state.

He said there are likely two reasons for this. First, a recently passed law requires the state to provide money for landowners to conduct an appraisal of their property, just in case they don’t like what the state is offering. Also, Grossi said, the current real estate market might not provide landowners with the best prices.  

“And they might not be willing to accept that,” he said.   

But once eminent domain proceedings begin — often lengthy affairs — the landowner has more say in the process, Grossi said.

Caltrans’ “hands are tied by the law” on how much they can give landowners for rights of way, Grossi said. “Courts can make decisions that are possibly favorable to the property owner that Caltrans officials can’t make.” 

But not always, he added.

Grossi pointed out that Via Este, which leads into the Ranchos Poquitos subdivision, marks the end of the second stage of the East Sonora Bypass project.

The second stage — designed to relieve congestion on Mono Way — runs two miles from Standard Road to Via Este. It is scheduled to be constructed from the spring of 2011 to 2012, a year later than originally planned.

Cost overruns that forced designers back to the drawing board are blamed for the delay.