Eminent domain purchase of landfill property approved: Chico CA Enterprise Record, 2/21/07

By Barbara Arrigoni

Glenn County will exercise its power of eminent domain to acquire nearly 360 acres currently being leased as the county's landfill.

The Board of Supervisors on Tuesday authorized Planning and Public Works Director Dan Obermeyer to begin the process toward acquiring the land.

The county has been negotiating to purchase the land for some time, but the owners, Patrick Foley and Robert Fumasi, have been "non-responsive," Obermeyer said. State requirements necessitate the county's ownership of the land.

County Counsel Thomas Agin said he has met with the owners and talked to an attorney.

"I believe they are choosing to let the eminent domain process go through, for whatever reason," Agin said. He said they were sent proper notice of Tuesday's public hearing.

With the board's approval, the county will acquire 352.43 acres from Foley and 3.98 acres from Fumasi. The landfill, located on County Road 33 in Artois, is leased from Foley Ranches of Pleasanton.

The acquisition will include a 500-foot buffer around the landfill.

The state requires the county to pay $5,000 for an independent appraisal if requested by the property owner, according to a report to the board.

The approved resolution authorizes County Finance Director Don Santoro to pay $410,550 — $405,950 to Foley and $4,600 to Fumasi — or an amount ordered by a court.

The funds will be paid from the county's solid waste trust fund.

Chico CA Enterprise Record: http://www.chicoer.com