The Santa Barbara County Board of Supervisors recently took the first step in implementing eminent domain proceedings on land needed to complete a portion of the Union Valley Parkway project.
Big box retailer Walmart Stores Inc. owns three parcels of land bordered by Orcutt Road, Highway 135, and Hummel Drive. The property accounts for 70 percent of the right of way necessary to move forward with construction. Once completed, the roadway project would connect U.S. Highway 101 to South Blosser Road and greatly reduce traffic, according to county officials.
“This project—the UVP project—is an extremely important transportation corridor that has been envisioned since the 1960s,” county Public Works Director Scott McGolpin told the board at its April 3 meeting. “There are multiple agencies and funding sources involved, and there is simply too much at stake for the community if the inability to acquire the necessary right of way causes the project to be delayed.”
According to county staff, phase three of the project must be completed by November 2013 to coincide with Caltrans’ completion of a new highway interchange, which is scheduled for December 2013.
Representatives for the county and Walmart Stores Inc. have been negotiating terms for the last 16 months, but have yet to come to an agreement.
The county sent a final written offer to Walmart on March 5, and Walmart sent a “promising” counter offer on March 19, according to McGolpin.
“However, staff is recommending this first step in the process to make sure the project is delivered to the community as promised,” he said.
Marlene Allen, an attorney with Gresham-Savage, the law firm representing Walmart, said the company is in no way opposed to the Union Valley Parkway project.
“Walmart wants to cooperate to the fullest extent to make sure the county gets what it needs for this, but it must be in a way that results in the least private injury,” Allen said.
As proposed, the third phase of the Union Valley Parkway would create four non-legal parcels, which can’t be developed by Walmart.
“The county has not offered compensation that will cover the impact [of] the non-legal parcels,” Allen said.
The argument had little-to-no effect on the Board of Supervisors, which voted unanimously to begin the eminent domain process.
McGolpin said the county would continue to work with Walmart representatives to avoid eminent domain proceedings, enacting the claim only if absolutely necessary.
Allen didn’t return calls for additional comments as of press time.
This article appears in Apr 12-19, 2012.