Footsteps: San Benito COG versus Hollister Inn
“In this installment of Footsteps we’ll consider a court case from the Coastal Mountains of Central California, not far from my home in Stockton. The court case is related to a dispute over an access easement that was removed as part of a highway improvement project. It raises some interesting issues about the power of eminent domain and public policy related to transportation infrastructure.
Legal Questions
Although four legal questions were raised on appeal, the appeals court answers only the first two. These two questions are:
1. Did San Benito COG abuse its authority by failing to adopt or even consider an alternative design that would allow Hollister Inn to keep its access to Highway 25, even if this access was in a different location?
2. Did San Benito COG have the ability to condemn an access easement over the Roberts Family parcel for the benefit of Hollister Inn? Let’s examine the appeals court answer to both of these questions.”
Blake, Landon. THe American Surveyor 27 September 2013.