(August 31)  The county board of supervisors has postponed utilizing eminent domain to force a property owner to sell a strip of land in Fontana to facilitate the construction of a raised median curb along Cherry Avenue.
In Fontana, the county, the county transportation agency and the city of Fontana are cooperating on the Interstate 10 at Cherry Avenue Interchange Reconstruction Project. The county has been authorized to serve as lead agency with regard to right-of-way acquisition for the undertaking, which is to include the elimination of traffic congestion and safety hazards along Cherry Avenue.
Prior to the August 28 board of supervisors meeting, county counsel Jean-Rene Basle told the board, “As the lead agency for the project, the county seeks to acquire, through eminent domain, a small portion of property from an approximate 15.75 acre parcel located at the northwest quadrant of Cherry Avenue and the San Bernardino Freeway (I-10) in Fontana. The subject property is owned by Leader Enterprises Co., LTD (Leader). A portion of the subject property is used by and for a truck stop business known as ‘Truck Town.’ Currently, the main route for truckers to access the subject property is to exit off I-10 at Cherry Avenue, travel a short distance, and then make a left-turn onto the property. Due to traffic congestion and safety concerns, a raised median curb will be constructed along Cherry Avenue as part of the improvement project. Leader is claiming that the proposed construction constitutes a substantial impairment of access, and will result in significant severance damages and loss of goodwill. The county disputes this claim. As the parties have not resolved this issue, this matter is proceeding to trial.”
Basle requested that the board authorize the hiring of the law firm of Meyers Nave, in an amount not to exceed $100,000, for the provision of legal services in connection with the eminent domain proceeding entitled County of San Bernardino v. Texman Properties, LTD, et al.
Upon considering the matter, the board upon a motion by supervisor Neil Derry that was seconded by supervisor Gary Ovit, unanimously voted to move the item off calendar.