Supervisor Debbie Arnold reiterates her stance against the use of expropriation law to protect the rights of property owners
SAN LUIS OBISPO COUNTY – The use of the right of expropriation was defeated by a 1-3 vote during the San Luis Obispo County (SLO) Board of Supervisors meeting on Tuesday, Aug. 20. The “necessity resolution” to acquire a right of way from a private landowner to complete the Bob Jones Pathway from Avila Beach to San Luis Obispo was defeated when Supervisor Debbie Arnold voted no in a decision that required four votes to pass.
The project, known as the Bob Jones Pathway City to Sea, aims to connect Cal Poly and the city of SLO to Avila Beach and another planned trail that leads to Pismo Beach. More specifically, this section of the trail is called the Bob Jones Pathway “Gap Closure” project and would close a 4.5-mile section of the trail. Of this section, 1.2 miles are needed for a permanent easement.
However, to complete the trail, the county needs a portion of the property owned by the Bunnell family, who had previously declined to sell a piece of the land into an easement with the county. In November 2023, the board directed staff to explore rerouting the project onto Ontario Road to bypass the Bunnells’ property. However, in April 2024, the proposed change failed to receive approval from the California Transportation Commission (CTC), and the board reverted to the original route.
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Proponents of the project have cited safety as a primary reason for moving forward with the project. In 2012, a Shell Beach man died after being struck by a semi-truck while riding his bike near the intersection of Ontario Road and South Higuera Street south of San Luis Obispo. Damian Horstman, 39, was chief of anesthesiology and deputy chief of staff at Sierra Vista Regional Medical Center.
According to the district administration’s report, the district sent two offers to the property owners, both of which were rejected, so the district must now initiate expropriation proceedings to obtain the property for the easement.
“The public safety aspect cannot be denied,” said Supervisor Dawn Ortiz-Legg as she spoke in favor of the expropriation vote.
She continued, expressing her frustration that Bunnell was unwilling to sell his property voluntarily: “I think it’s a shame that Supervisor Arnold has to make this decision because this is a no-brainer.”
Supervisor John Peschong abstained from voting on the item because he had received campaign funds from the Bunnell family in 2023. That left four supervisors to conduct the vote, which required four votes. Ortiz-Legg, Bruce Gibson and Jimmy Paulding were all in favor of proceeding with the right of expropriation on the Bunnell property. Arnold, however, was against it.
“It’s pretty clear that we’re going to see the failure of this board because a county supervisor chooses not to act in the public interest,” Gibson said.
During the board’s November 7, 2023, discussion of the possibility of using the right of expropriation for the easement, Arnold stated her stance against using the right of expropriation to obtain portions of the Bunnell property. On Tuesday, she reiterated her stance.
“I will not support that today,” Arnold said. “I have spoken to the staff; there are other ways; this is not the end of the line.”
The county has invested nearly $7 million in the trail extension project and received about $18 million in federal funding for the project, but if the project does not begin by March 2025, the funds will have to be repaid.
Arnold further explained her decision: “The core of property must be protected, otherwise many things will change in our society.”
In a social media post following the meeting, the county said, “The Planning Department will continue to review the proposal to determine if there are other options to save the expansion project.”
The next meeting of the San Luis Obispo County Board of Supervisors is scheduled for Tuesday, September 10th at 9 a.m.
August 20, 2024 Supervisor Meeting.jpeg
The San Luis Obispo County Board of Supervisors is seen during the meeting on Tuesday, August 20. The board did not approve the use of the right of expropriation to complete the Bob Jones Trail because it was one of the required four votes short. Photo by Camille DaVaul
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