Spartan Daily

The government needs to get off my property

Wesley Dugle, Spartan Daily

Samantha Clark is a Spartan Daily staff writer.

The government plans to steal a slice of my family’s land just outside Gilroy.

To do this, the government will exercise its power of eminent domain to take our private property for public use all because they want a drainage ditch and a turning lane.

While eminent domain has real purpose, this situation is an irresponsible use of power.

Two busy roads corner the property — Watsonville Road and Hecker Pass Road, or Highway 152. There have been accidents at this T intersection because people drive fast at 55 mph and up while others try to turn onto the road after stopping at a stop sign.

The government believes a turning lane and drainage ditch are necessary for safety reasons and wants to cut into my family’s property by 26 feet, taking out 19 walnut trees, fencing and the first 10 vines of 13 rows.

While I understand the importance of public safety, I wonder if Caltrans has discussed other alternatives. Traffic lights or a lower speed limit would suffice.

Caltrans’ current plan is more dangerous. It wants to add a turn lane, so the ongoing traffic on Hecker Pass can continue to speed off and not slow down traffic.

This does not address the real issue — the fact that making a left turn onto Hecker Pass is dangerous.

Caltrans also wants to add drainage ditches bordering the highway. I question the logic behind this design because if cars crash and fall into the ditch, it could be fatal.

Also, diverting water flow could have serious implications on home wells. A man-made creek also functions as my back property line, and my neighbors have expressed concern over the potential consequences of the drainage ditch plan.

If the government plans on taking private property, the owner should have an adequate opportunity to contest the plan in a setting that would seem worthwhile — outside the courtroom.

Owners should also receive fair compensation. Caltrans offered about five times less for the land than what we expected to receive.

The government offers to pay what it thinks is true market price but that number may not translate as equal to the owner.

We have heavily invested in the land.

We hope to have a winery some day, so we have built fencing, planted grapes and installed infrastructure for the vine rows.

All of which would need to be taken down correctly and reconstructed to fit shorter rows. We also would be taking a loss on the potential profits the vines could have generated.

When the government takes a portion of a piece of land, it can diminish the value of the property as a whole. The government is required to pay market value plus severance pay, but what if these numbers don’t add up?

If an owner is unsatisfied with the government’s offer, they often go to court, which consumes time and lawyer fees.

While eminent domain can have good purpose, certain situations smell like land grabs.

Many residents of Hecker Pass dislike the construction Caltrans is doing in the area because some road expansions seem unnecessary, and they compromise the aesthetics of the area.

Caltrans wants to straighten nicely curved roads and rip out 15 mature Deodar Cedar trees and century-old eight Eucalyptus trees of historic importance.

Caltran’s plan to add a turning lane and drainage ditch does not significantly advance the public interest, rendering this exercise of eminent domain unnecessary.