Turlock Irrigation District (TID) made a decision to move forward with the Resolution of Necessity for the Hughson/Grayson 115V Transmission Line Project at Tuesday’s Board of Directors Meeting.
There has been much dispute regarding the Hughson/Grayson Transmission Line and Substation Project. At the August 23, 2011, Board Meeting, action was taken to start the Resolution of Necessity for the Eastern properties that the project will affect. A Resolution of Necessity is the first step in the Eminent Domain process to move a public project forward when an agreement cannot be made in any other way. The Code of Civil Procedure, section 1245.230, states that in order to adopt a resolution of necessity in California, the agency acting on behalf of the government must first see that the following criteria are met:
• The project for which the property is to be acquired must be deemed necessary
• The property must be considered necessary for the interest of the public
• The project is located where it will offer the greatest public benefit with the least private detriment
• An offer to purchase the property has been made
One property owner spoke in opposition to the resolution, Tim Sylvester, who has property on E. Keyes Road.
"I object to the finding that the project is located where it will offer the greatest public benefit with the least private detriment. The current placement of poles is not compatible with our current use. In order to minimize use of my land and lower the cost of property acquisition for TID, adjustments can be made that will save vineyards and trees on my property,” stated Sylvester. “I request a 30 day postponement to continue working on those adjustments. I believe that these issues can be resolved within those 30 days."
Staff reiterated the need to do the resolution so as to keep the project on schedule and that they would continue to work with Sylvester on a solution.
Director Frantz introduced the motion only after he made clear why he was comfortable moving forward with the process.
"I have been thanked by many East side property owners after our first dealings with the eminent domain process and how it was handled by TID. Even though we may have the process going, it does not prevent TID from continued work with the property owners in a fair and reasonable manner."
Director Macedo seconded the motion and the resolution passed unanimously.