SMART approves eminent domain action within its rail corridor

The Sonoma–Marin Area Rail Transit District (SMART) in California yesterday announced today that its board authorized the use of eminent domain within SMART’s active rail corridor.

Agency officials described the action as a necessary, extraordinary and unusual step "aimed at removing ambiguity about title and ownership and safeguarding SMART's right to build, operate and maintain the district's multiuse pathway," according to a SMART press release.

"This action is a last resort to ensure uninterrupted public access and protect a critical transit asset that connects North Bay communities, links stations across the corridor, and supports first- and last-mile connections to the SMART rail," the press release states. S

SMART took action to obtain easements necessary to consolidate three grade crossings into one south Petaluma. The action will be taken only if the district can't reach a voluntary agreement with four property owners, the Petaluma Argus-Courier reported, citing the deputy Sonoma County counsel who advises the district.

“We are attempting to negotiate possession and use agreements, but if not successful, we will file for eminent domain, which will take five to six months to be granted,” Pittman said, according to the news report. 

SMART owns and operates an active passenger and freight-rail corridor across Marin and Sonoma counties. Under its enabling legislation, AB 2224, SMART is authorized to construct a complementary bicycle and pedestrian pathway within its active rail corridor as part of the transit system.

The pathway is being built in phases within the existing rail corridor to improve station access, make first- and last-mile trips safer and easier, and seamlessly connect people to rail service and local destinations, SMART officials said in the press release.

"Although SMART believes it already holds the property interests and rights necessary to construct, operate, and maintain the pathway, some adjacent property owners—guided by an out-of-state law firm based in Missouri, dispute SMART’s rights," the press release states.

SMART officials disagree with the law firm's argument that the pathway doesn't serve a railroad purpose. SMART will file the title actions to confirm its legal rights, they added.

Earlier this summer, SMART made good-faith offers of compensation to the adjacent owners. SMART will continue to try to reach a negotiated agreement, even after the board's adoption of the resolution of necessity, district officials said.