City of Benicia Moves Forward with Potential Eminent Domain for Bus Hub Project

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The City of Benicia recently secured funding to build the Benicia Industrial Park Bus Hub, a project that has been on the City's drawing board for years. But there are still some hurdles to construction.  The City will need to acquire at least one parcel for the project, and the owners of the parcel have questioned whether the City’s environmental review of the project is adequate.  The owners also have expressed concerns about the impacts of the project on their taco truck business.  But the City is confident that it can resolve these issues and just adopted a mitigated negative declaration, clearing the way for construction to begin.  If it can’t reach an agreement with the owners, the Solano Transportation Authority will step in to acquire the property through eminent domain.

This seems like an ideal case where an agency can reach an agreement with a business/property owner that will benefit everyone.  The new facility will bring in additional customers for the business, and keeping the business operational should keep the acquisition costs down, while providing continued service to this key employment center.  With any luck, this will be a case study for how a right-of-way acquisition can benefit both the City and the business owner.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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