GILROY
– Three Gilroyans with property near Santa Teresa Boulevard will
have to go to court to keep city work crews from using their land
to complete a road–widening project.
GILROY – Three Gilroyans with property near Santa Teresa Boulevard will have to go to court to keep city work crews from using their land to complete a road–widening project.
The city attorney will file an eminent domain lawsuit against two Del Oro Way families and a Benbow Drive family within the week, city staff said. The action comes after months of failed negotiations to permit temporary access to Santa Teresa Boulevard from the backyards of the families’ homes.
Eminent domain is the process by which a government agency takes private land for a fair market price. In this instance, the city only needs temporary access to construct a soundwall two feet higher than what lines Santa Teresa Boulevard now.
The city is offering impacted residents a $200 rental fee for use of their property.
“We’re not taking away anyone’s property. We’re just asking permission to build 10 or so feet of soundwall,” Mayor Al Pinheiro said.
The mayor rejected claims by one of the property owners, Del Oro Way resident Johnella Shackelford, who said the city is using bullying tactics to finish the soundwall project.
“We’re not in the business of intimidating anybody,” Pinheiro asserted. “There’s not one of us (Council members) who subscribes to that. We’re just citizens ourselves.”
Shackelford says she is uncomfortable with the city’s contract because it states that if the matter goes to court, the losing party must pay all legal costs. She also wanted guarantees that the project would not impact her organic garden.
After city staff tinkered with the language of the contract, Shackelford still refused to sign. Shackelford says her written letter of permission should be enough for the city to use her property.
“I refuse to sign a contract that I don’t understand,” Shackelford said. “I think this process has been abusive overall.”
To break the impasse, Pinheiro asked Shackelford if she would consider hiring a lawyer at the city’s expense to review the contract with her. Shackelford declined the offer.
The temporary construction easements are required to allow the contractor the ability to remove and replace the existing deficient soundwalls along Santa Teresa. Roughly 100 other residents have signed contracts permitting access to city crews.
The soundwalls are being replaced because the wider road will be graded lower than before. Also, the new soundwalls will be built two feet higher for better noise protection.
City Engineer Michael Goodhue said Tuesday the other two families made contact with the city following Monday night’s Council session.
The Abraham family, which resides on Benbow Drive, is willing to sign the contract if the city can promise it will not need access while the family celebrates graduation at the end of spring. Before Monday, the Fonseca family never had replied to the city’s attempts at correspondence, Goodhue said.
“There’s a chance we could resolve this with them,” Goodhue said.
