Eminent domain process launched for Clinton Keith Road expansion

By: CATHY REDFERN - Staff Writer
Negotiations with landowners are continuing | Tuesday, March 18, 2008 10:29 PM PDT ∞

RIVERSIDE -- In a step toward building the long-planned eastward extension of Clinton Keith Road, county supervisors voted Tuesday to consider forcing property owners to sell land needed for the road that could not be acquired through negotiations.

The county needs to buy mostly parts of 28 properties to extend the road 3.4 miles from Antelope Road to Winchester Road, said Juan Perez, the county's deputy director of transportation.

Seventeen property owners have agreed on a sale price, but in the 11 other cases, negotiations that began two years ago have failed to achieve agreements, he said. County officials estimate that land will cost $2.86 million, based on an independent appraisal.

With Tuesday's vote, the supervisors gave notice that they plan to adopt a resolution at their April 22 meeting authorizing them to use eminent domain to acquire the properties. Eminent domain allows the government to purchase private property for public benefit at fair market value without the owner's consent. The process requires court action and could include a jury trial, county officials said.

They said, however, they hopefully won't have to go through the whole process, because launching the proceedings often leads to more negotiations.

"This is a very first step. It doesn't mean we will end up condemning anything," said Robert Fields, the county's director of facilities management. "And yet, you never know. We can't let one property hold up an entire project. But it's very complicated and painful, and we try to avoid it for everyone involved."

At Tuesday's meeting, a Murrieta man who lives off Los Alamos Road told board members he was concerned with several aspects of the proposed purchase of a half-acre of his 3.8 acres, where he lives with his wife, son and his son's family.

Ward William "Bill" Franklin said his top concern was that he had only gotten verbal assurances from the county that a well that must be moved for the road would be replaced with one that provides the same volume of water.

"Why is the county considering eminent domain rather than negotiating in good faith?" Franklin asked. "A relocated well is very important to us and should be the responsibility of the county."

Franklin, 73, said he also is concerned about noise from the road and the county's offering price of $2.75 per square foot compared with his asking price of $4 per square foot. He said he will need to get additional bids for the well, for clearing his land and for rebuilding a fence.

But, he said, he is willing to make concessions on his request for a sound wall, come down on his price and do some leg work on bids if he can get an assurance in writing that he would get a new well that is as good as the one he has now.

After the meeting, he said he was pleased with comments from 3rd District Supervisor Jeff Stone, who offered to meet with him.

"I came away feeling very good," Franklin said. "I think we will come to a good agreement."

Stone said he will do all he can to make sure the transaction is settled before eminent domain is used.

"The use of eminent domain is always a last resort," he said. "And you should be compensated properly. ... I know eminent domain can be a very emotional and threatening process."

Clinton Keith Road now ends a short distance east of Interstate 215, but is envisioned as a six-lane thoroughfare to the French Valley area. Stone said it is one of three major improvements to east-west roads that will alleviate area traffic. Perez, of the county transportation department, said the other two are extensions of Scott and Newport roads.

The new segment of Clinton Keith Road will include two bridges over Warm Springs Creek and an overcrossing allowing wildlife to travel over the road, Perez said.

The project is estimated to cost $70 million and take 18 months to complete, he said. County officials are moving forward now in part because of a drop in construction costs of about 20 percent since last year, Perez said.

Construction could start as soon as the end of this year, Perez said, but that depends on market conditions. Part of the project is to be funded by fees developers have already paid, but a large portion will come from a bond sale that would be repaid by future property owners. County officials need some assurance that those properties will be developed, he said.

-- Contact staff writer Cathy Redfern at (951) 676-4315, Ext. 2621, or credfern@californian.com.