The city of San Diego is looking to take over two pieces of private property in La Jolla that are deemed essential to building the Coastal Rail Trail bikeway.
To carry out a process known as eminent domain — the power of a government to take private property for public use without the owner’s consent, with payment of compensation — the City Council voted unanimously July 15 to adopt a “resolution of necessity” for the property rights to two parcels on Gilman Drive.
According to the city, the Coastal Rail Trail project involves construction of a continuous bicycle route running about 44 miles between Oceanside and the Santa Fe Depot in downtown San Diego. It includes a one-way cycle track along both sides of an approximately 1.8-mile segment of Gilman Drive and a continuous sidewalk on the west side of Gilman between the UC San Diego campus and the Rose Canyon Bikeway.
The bicycle track would be Class IV, which is protected by a “vertical element separation” such as bollards or concrete dividers.
La Jolla planning groups gave support to the plans in early 2021.
Six property owners were impacted by the project, four of whom reached agreement with the city for acquisition of their property.
For the remaining two parcels, the city needed to adopt the resolution “to establish the necessity for the acquisition of property” and start eminent domain proceedings, according to Christina Cruz, a supervising property agent for the real estate division of the city’s Economic Development Department.
The resolution is intended to confirm that the acquisition is necessary for the project and serves the public interest and that there are no feasible alternatives for acquiring the property since offers to buy the rights were rejected by the owners.
“The Gilman Drive corridor will provide connectivity between established trails and an interconnected bicycle network and enable residents to ride on more direct routes with greater safety and convenience within and between major regional destinations and activity centers,” Cruz said. No other route provides the same benefits, she said.
She said the alignment was designed to minimize cost and impacts on the environment and private property and has been deemed necessary for installation of the trail.
The final compensation for the two properties in the eminent domain proceeding will be determined through further negotiations with the owners or through a trial.
In many such cases, compensation is determined by an appraisal of the property’s fair market value, which generally involves looking at the recent sales of similar properties. But in many circumstances, there may not be similar sales under current market conditions to compare, or the property may have complex considerations.
David Laudermilch, one of the property owners, said his parcel is “the only buildable lot on that side of Gilman Drive,” and should he grant the easement the city has requested, “it would be deemed unbuildable, and I have a real issue with that.”
He added that he sought a contract amendment so the land would still be buildable and he could one day put a house there.
Laudermilch said a private appraiser estimated the property’s value at more than five times what the city is offering.
“It’s a big financial hardship and emotional toll for me and my family,” Laudermilch said.
Representatives of the other affected homeowner did not attend the council meeting and could not be reached for comment.
During public comments, several people questioned whether the bike path is actually needed or whether this is a good use of eminent domain.
City Councilman Joe LaCava, whose District 1 includes La Jolla, acknowledged that with eminent domain, “no matter how noble the project, you have changed people’s lives forever just by showing up, and that is one of the most challenging things we as a city or private developers do.”
But, he said, the “corridor is essential to completing a safe, protected regional bike route … and this particular segment is important as it will connect to the existing trail at the south end along the railroad tracks between the I-5 and Morena Boulevard and will connect to the north end to a bike trail through the UC San Diego campus.”
LaCava motioned to adopt the resolution of necessity. It does not stop the city from negotiating further with the property owners, and city representatives said they would continue to try to do so. ♦
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