What if a homeowner says no to the easement? The project apparently requires participation from 100% of creekside homeowners in Zone 7. What happens if a homeowner declines the offer?

If the project receives CEQA approval and funding and the Board of Supervisors decides to authorize implementing construction of the project then the District may elect to use its powers of Eminent Domain as established in the US Constitution, Federal code, State code, and Water Code Appendix 68-5.13 to acquire the necessary easement for the project. Under the scenario where a property owner declines the District’s offer of just compensation for the necessary easements and negotiations fail then the District Board may decide to approve a Resolution of Necessity which establishes the need for the easements on that specific property. With the Resolution of Necessity approved District Counsel may file an Eminent Domain lawsuit against the property owner and request an Order of Possession from the Court. The District must deposit the offered just compensation with the court at the time of filing for the Order of Possession. The property owner may withdraw that compensation from the court if they so choose. Once an Order of Possession is issued by the Court the District will have the right to build the project on the property and the parties will continue to negotiate a settlement for compensation while the project moves forward.

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