Land needed to electrify Caltrain line

The claims filed in San Mateo County Superior Court are expected to be the first in a series of eminent domain proceedings related to the Caltrain Modernization Program, which includes electrifying 51 miles of track between San Jose and San Francisco. Caltrain has long expected to need easements or land acquisitions along constrained areas in the Peninsula corridor. Some are as small as just a few square feet to ensure safety zones around electrical equipment, while at least two may require condemnation of entire properties in San Jose.  

But at least these three property owners aren’t satisfied with SamTrans’ offer, prompting the parties to head to court for a decision on how much the acquisitions are worth. SamTrans, which has eminent domain authority, filed the cases on behalf of Caltrain. The goal is for Caltrain to be able to seize control of the sites and begin construction on its long-awaited electrification project while a judge or jury deliberates land values, said Brian Fitzpatrick, SamTrans’ manager of real estate and property development.

“We would like to resolve with everybody before it goes too much further,” Fitzpatrick said. “In most cases it just comes down to dollars. We offer fair-market value, we’re required to get the parcels appraised and make the offer in an amount of fair-market value. … But [the property owners] have the right to have a jury adjudicate that.”

About 55 parcels have been identified as locations where right-of-way easements or land is needed to overhaul the Peninsula’s commuter rail system. The vast majority are only slivers of properties abutting the tracks, although two San Jose properties totaling about 100,000 square feet will need to be acquired in full. In total, about 200,000 square feet of property is sought for acquisition throughout the corridor as well as another 90,000 square feet needed for electrical safety zone easements, according to Caltrain.

Staying on track

With the project already delayed earlier this year while the Trump administration weighed a federal grant application, officials are eager to keep electrification on track.

Officials are currently focusing on areas where construction is expected to begin first, with segments of 11 properties in San Mateo, Belmont and Redwood City having been declared necessary — the first step in eminent domain. Aside from the three now in the court system, the remaining are either resolved or are still in the process of negotiating, Fitzpatrick said.

The Valley Transportation Authority in Santa Clara County recently approved a statement of necessity for three parcels, including one of the two sites requiring condemnation of the entire property for a way station, Fitzpatrick said.

There’s essentially 100 miles of properties affected on either side of the corridor slated for electrification. Fitzpatrick said Caltrain is primarily staying within its existing right-of-way as mostly small slivers of additional land are needed with just 55 parcels impacted.

“We’ve done our very very best to minimize the amount and the size of the acquisition needed to support the project,” Fitzpatrick said.

The property is needed to accommodate poles that will help hold between 130 and 140 miles of overhead contact system wires that will distribute electricity to power future electric trains.

Widespread support

Electrifying Caltrain has received a hefty bevy of supporters from local transit groups and city officials, to Gov. Jerry Brown and federal representatives. Recently successful in the push to secure a delayed $647 million grant needed for the $2 billion modernization, Caltrain hosted a groundbreaking ceremony last month.

The project has been touted as having multiple benefits such as nearly doubling ridership capacity and reducing greenhouse gas emissions by taking most of the diesel commuter trains off the tracks, according to Caltrain.

“It’s one of those projects that has gotten a lot of support because I think a lot of people know how much it’s needed,” said Caltrain spokeswoman Tasha Bartholomew. “We have an old, antiquated system out there.”

Construction will be done in phases and is expected to ramp up until riders are hailing electric trains in 2021. More property owners will be engaged in the appraisal process, and Fitzpatrick said he believed the majority if not all who will be affected have been contacted.

Land values

The three eminent domain cases filed this week include a request for Caltrain to more immediately seize control of the properties while the dispute over the land value winds through court. By bifurcating the need for control from the price, Caltrain can avoid further stalling construction, Fitzpatrick explained.

The civil filings also illustrate for the first time how much was offered to the property owners. A husband and wife whose single-family home abuts the tracks in Redwood City were offered $33,100 for a 671-square-foot permanent safety zone easement. These safety zone easements prohibit things like vegetation more than 6-feet tall, water features or other electrical equipment from being too close to Caltrain’s overhead contact system poles, according to court records.

Dayton Corporation, which owns the Target along El Camino Real in Redwood City, has been offered $45,600 for a 236-square-foot permanent safety zone easement, and to buy 184 square feet of property where the shopping center meets the tracks, according to court records.

Ideal Charter Properties, which owns the Mi Rancho Market property adjacent to Target, was offered $15,400 for a 136-square-foot permanent safety zone easement and to purchase 40 square feet of property, according to court records.

The three property owners or their representatives either did not return requests for comment or were unable to comment on the lawsuit as they had yet to be served.

Fitzpatrick noted SamTrans has previously had to engage in condemnation proceedings, but it’s very rare for them to end up in court. This also isn’t the first time Caltrain’s electrification project has been reviewed by a judge. Groups opposed to the $64 billion high-speed rail project have raised concern about the state’s plan to share the Peninsula corridor and its $713 million contribution toward Caltrain’s project.

samantha@smdailyjournal.com

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Twitter: @samantha_weigel