Landfill acquired through eminent domain

Despite years of public disdain for the government’s ability to acquire private property through the power of eminent domain, county lawmakers pushed forward to own the land encompassing the county landfill near Artois.

With little fanfare, Glenn County Supervisors reauthorized the county’s use of eminent domain law Tuesday to obtain the land it leases and the additional property at the north end of the landfill.

“Whenever you’d mention eminent domain, you would have a public outcry that was deafening,” said Supervisor Tom McGowan. “That we’ve had no comment now indicates that we are doing the right thing.”

Glenn County Planning Director Dan Obermeyer said the county has tried to negotiate a fair price for the land with owners Patrick Foley and Robert Fumasi, but no price could be agreed upon. The landowners could not be immediately reached for comment.

Obermeyer said the county could expect to pay about $650,000 for the 451 acres.

The land was last appraised at $450,000 several years ago.

Obermeyer said the value of the land will eventually determine “just compensation,” but that the owners may argue for a higher determination before a judge.

“It may take one to three years to resolve that part of the process,” he said.

Meanwhile, the county will take possession of the land within the next few months.

County officials claim the use of eminent domain law to acquire the property was necessary because state law now requires the county to own the landfill if it wants to continue operations.

“I don’t think any of us take eminent domain lightly,” Obermeyer said. “But it is a necessity.”

The official lease expires on the land in June 2021, but the landfill is nearing capacity, Obermeyer said, and the additional land the county acquired will be needed to continue operations.

Arnie Wolf, an attorney representing the county, said the eminent domain papers will be filed early next year and an order completed within 90 days.

Wolf said the only issue left to deal with is the compensation, and that the county would pay the owners up to $5,000 to get an independent appraisal.

The owners of the property could not be immediately reached for comment.