Question #1
Question:
I own a business in Buena Park that faces the Santa Ana Freeway. I know that this section
of freeway eventually will be widened. I've read about businesses in Anaheim fighting with
Caltrans over being forced to relocate for that freeway widening. I wouldn't want to give
up my freeway location without a fight. It brings me sales because I'm so visible. What
are my rights?
Answer:
Unfortunately, the California Department of Transportation has the right to take your
property through eminent domain. This right exists so that government can act for the
greater good, even though individual property owners may suffer.
But you do have rights. If you own the property, Caltrans must make a fair market offer
for your property, based on comparable properties. If it is determined that a replacement
site can not be purchased for that price, you may be eligible for a purchase supplement
that makes up the difference. For example, if Caltrans offers you the fair market value of
$150,000 for your property, but agrees that replacement property can't be found for less
than $170,000, Caltrans may pay you the difference.
If you do not agree with Caltrans' offer for your property, you can appeal it to the
agency and, if you lose, can take Caltrans to court over the issue. Some property owners
along the Santa Ana Freeway in Anaheim have won these cases and received a court-ordered
payment for their property that was higher than the Caltrans offer.
Whether you own or rent your business site, Caltrans offers some assistance in finding a
replacement site and pays reasonable moving costs. Renters also may qualify for some
rental assistance if replacement property is more expensive.
As you may have guessed, the one thing you cannot do is stop this process. You may delay
it and you may try to get a higher payment from Caltrans, but you will have to move.
