One of the final disputes between local landowners and the
county agency building the Highway 25 bypass could be headed to
trial. Attorneys on both sides said the disagreement boils down to
cash, with appraisals differing by more than $1 million.
Hollister – One of the final disputes between local landowners and the county agency building the Highway 25 bypass could be headed to trial. Attorneys on both sides said the disagreement boils down to cash, with appraisals differing by more than $1 million.
Attorney Dennis Kehoe, who represents Hollister resident Janet Roberts, said his client no longer contests the Council of San Benito County Governments’ claim to her land, two parcels totaling around 2.76 acres between Highway 25 and San Felipe Road. But by law, Roberts is guaranteed “just compensation,” and she doesn’t find the county’s offer particularly just, Kehoe said.
“It’s a matter of money for both sides,” Kehoe said.
COG’s appraiser estimated that Robert’s property is worth $1.082 million, according to court documents, while Kehoe’s estimate is $2.25 million.
In a court filing, Kehoe said that when looking at comparable properties, COG’s appraiser used “artificially low values.” He noted that the appraiser used several properties that weren’t close to Roberts’ land – and that three of the five weren’t in Hollister.
Deputy County Counsel Shirley Murphy said she can’t discuss case details, being handled by private attorney Brenda Aguilar-Guerrero. Aguilar-Guerrero did not return Free Lance phone calls by press time Tuesday.
Murphy did confirm that the Roberts case was first set for trial on Oct. 15, but has been rescheduled for Nov. 5.
“We got a continuance on the trial date because we’re trying to work out a settlement,” she said. “But we’re moving forward on the assumption that we’re going to trial.”
Asked if his client would prefer to settle, Kehoe said, “Well, that depends on the amount being negotiated. If a reasonable sum can be arrived at, sure.”
Now that the appraisers have given depositions, Kehoe said that both sides possess more information. It’s normal for parties to work harder to reach a settlement as a trial date approaches, he said.
In September, COG Transportation Planning Manager Mary Dinkuhn announced that the $45 million bypass could end up costing $800,000 more than anticipated, although she emphasized that COG has already found the funds to cover the potential shortfall. Part of the new expenses come from increased land acquisition costs, Dinkuhn said, but she couldn’t say whether those increased costs include the Roberts case.
“That’s still under litigation, so I don’t think I can comment,” she said.
When announcing the potential shortfall, Dinkuhn said she didn’t expect costs to go up any further. COG has already taken possession of Roberts’ land through eminent domain, and construction is moving forward near the property.
COG still expects the bypass to open in December 2008, Dinkuhn said.
Three other eminent domain cases remain to be settled, Murphy said, but Roberts’ was the only one scheduled for trial “in the near future.”
Less than a week before the bypass’ groundbreaking in May, Kehoe said his client was skeptical that COG actually had the money for the bypass project. And it’s illegal to claim land for a project that will never be built, he said.
Kehoe said Tuesday further developments have made it clear that the bypass will become a reality, so he’s dropping that argument. After all, he said, COG has awarded a contract to Graniterock subsidiary Pavex Construction, “and they don’t work for free.”
