GILROY
– The city’s effort to widen Santa Teresa Boulevard may require
the assistance of a judge.
GILROY – The city’s effort to widen Santa Teresa Boulevard may require the assistance of a judge.
Three of more than 100 property owners near the west side’s main thoroughfare have yet to sign an agreement allowing road work to be done on their property. If the agreement remains unsigned, the city would have to begin eminent domain proceedings.
Eminent domain is when the government takes land for a price. In this instance, however, the city would only need access to the property to complete the road and soundwall work.
“I can find no law that requires eminent domain when a homeowner grants permission and access,” said Johnella Shackelford, a Del Oro Way resident. “There is no reason for this city to sue me.”
Since the use of the land will be temporary, the city is paying landowners a $200-per-month rental fee in lieu of purchasing the property. Shackelford, however, has refused to sign the agreement, calling it an “inappropriate document.”
Shackelford presented her own 10-page document that spelled out a number of issues she has with the city. Essentially, the longtime Gilroyan’s major concern is the city’s insistence she sign a document that states if the matter goes to court, the loser would pay all legal fees.
“I’m not going to be bullied by the city,” Shackelford said.
City Attorney Linda Callon said she could remove the “loser pays” clause. However, Shackelford was unclear whether she would sign the new version.
Among other concerns, Shackelford wants to ensure her organic garden is not ruined by the road work.
Property owner Bill Cunningham also wants some assurances.
Cunningham testified in front of Council Monday night along with Shackelford. He said he wanted a firmer work timeline from the city before signing the agreement.
Cunningham doesn’t want to give up the use of his yard during graduation week. Since his family has celebration plans.
City Traffic Engineer Kristi Abrams did not commit to a specific timeline, but said the city would inform Cunningham 30 before construction begins.
