Monday’s story about efforts by the California High-Speed Rail Authority to acquire property, and the resulting displacement of businesses along the route in the Fresno and Madera areas such as Angelo’s Drive In or Keith’s Automotive, struck a chord among readers who interrupted their Labor Day weekend to leave me phone messages and send a few emails.
It seems to underscore the complexity of the process involved in securing land for public works projects, including right of way for big ones like the controversial high-speed train project. There are two big factors at the heart of the issue:
- People who own businesses, farms and homes in the path of the railroad route have not only invested their money, but their effort and their sweat, into something that stands to be swept away, if and when the project is built; and
- They’re feeling a little pushed around by the process, and in some cases insulted by offers that don’t reflect what they believe their property and business is worth — that is, they don’t think it is what the lawyers call “just compensation.”
No wonder property owners, homeowners and affected businesses can find themselves confused and angry. But here’s some info that we weren’t able to work into Monday’s story.
The story reported that the rail authority has, as of last week, made more than 120 formal written offers to owners of land along the proposed railroad route in Fresno and Madera counties. Those written offers are based on appraisals done by consultants to the rail agency. You can see a copy of the California High-Speed Rail Authority’s parcel-by-parcel right of way plan here (warning: it’s a large file!). The right of way plan has been incorporated into the agency’s contract with Tutor Perini/Zachry/Parsons, the contracting consortium hired to design and build the first 29-mile section of the system in Fresno and Madera. You can find an interactive, clickable map of parcels identified by the rail authority as those likely to be needed earliest (by the end of September) here.
When the authority makes a written offer to a property owner, it triggers a complex process in which “most property owners probably are not aware of what the law provides in terms of compensation for an impacted business owner,” said Anthony Leones, an eminent-domain attorney for Miller Star Regalia, a Bay Area law firm that prepared a newsletter about high-speed rail and land issues.
“What a business owner needs to do when they get an offer is, first of all, understand that the offer may not be inclusive of all their potential damages,” Leones said. “A business can be damaged in a lot of ways, even if they’re only taking a portion of the property. … For businesses, the situation is a lot more complex and they should understand that the initial offer is not a final offer, and they don’t have to accept it.”