SR_91 Corridor Improvement Project

Eminent Domain/ Condemnation
The rules are different whether you are the property owner or a business tenant. Did you know that business owners are not automatically notified of a pending action? Are you sure you know all your rights? Have you assembled a team of experts to protect your rights?

Recovery of lost
business value/goodwill
Do you know that many businesses are entitled to be compensated for losing their clients and customers? Do you know all the ways to place a value on your business? Do you really think that the government will give you that value without you having to fight for it?

Eminent Domain Owner Participation Rights
Do you know you may have a right to re-enter the new development as a participant (alone or in a joint venture) in the redevelopment area? There are short timelines on these rights so you will need to act quickly to protect them before they expire.

Eminent Domain
Pre-notice negotiations
Has the government told you they will negotiate a “good deal” for you on the fair market value of your property or business? Don’t be taken advantage of by a self-serving offer. Would you let the buyer tell you what your home is worth?

Recovery of just compensation for real property, improvements, machinery and equipment
Learn how we can help to properly appraise and value your improvements and the cost of replacing your machinery and equipment. We will also discuss the tax implications of a condemnation action.

Soil Remediation Issues
Did you know that in many cases the law makes it the property owner’s responsibility to clean up contaminated soil? Would you let a buyer tell you what is wrong and then stick you with the repair bill without your input?

The SR91 Project:
Improvement or just another toll road scheme?

By Karen Frostrom

State Route 91 is the major east-west commuter highway in southern Los Angeles/ Orange/Riverside Counties. It starts, on the west, at the I-110 in Compton, passing through Anaheim and Corona, then terminating at State Route 60 in downtown Riverside. While a number of other major arteries connect Riverside and Los Angeles, State Route 91 is the main connector between Riverside and Orange County. Existing SR-91 was constructed in the 1960’s. Obviously, since that time, Riverside County, in particular, has seen tremendous growth in its population. A 1995 Investment Study of Riverside/Orange County infrastructure concluded that the highest priority need for improvement pertained to the SR-91.

SR-91 currently has four lanes in each direction from SR-241 to I-15, then three lanes from I-15 to the terminus in Riverside. If the highway is developed to maximum capacity as part of the improvement project, it will have seven lanes traveling in each direction.

The controversial element of the SR-91 project is the use of toll roads to expand the road. From 1916 until the late 1980’s, toll roads were discouraged by federal policy and were an exception to the rule of “free roads.” However, as government funds became scarce, two federal laws, the Surface Transportation Efficiency Act of 1991 and the National Highway Designation Act of 1995 provided liberal policies for the creation of toll roads. Today, construction of toll roads is common in California. Common or not, however, the toll road development has not been a smooth one.

Recently, in San Diego, a private developer, South Bay Expressway, financed the new construction of a 10 mile toll road from La Mesa to the border. That developer filed for bankruptcy in March 2010.

The SR-91 toll road was first constructed as a private toll road. The lanes opened to the public in 1995. From opening until 2003, it was the subject of a protracted legal battle over the implementation of a non-compete clause for an adjoining free road. In 2003, the Orange County Transportation Authority ended the dispute by purchasing the toll road using toll revenue bonds. The currently proposed expansion of SR-91 is also planned to be funded, at least in part, with toll revenue bonds.

A common objection to the construction of toll roads is the seeming duplication in fees for our roads. Drivers pay gasoline tax to fund transportation improvements. Riverside County has a portion of its sales tax set aside for transportation improvements. Orange County pays Caltrans about $250,000 annually to maintain SR-91. Additionally, as part of the state highway system, the toll roads qualify for federal funding. Drivers have to question how many times they should be required to pay for the same road.

Within the next few months, Caltrans will decide whether to select Alternative 1, which does not add toll lanes and Alternative 2, which adds toll lanes. Anyone holding their breath in suspense about which will be chosen?

CALL NOW FOR A FREE CONSULTATION

Thorsnes Bartolotta McGuire
2550 Fifth Ave., 11th Floor, San Diego, CA 92103, 619-236-9363