Supervisor Debbie Arnold reaffirms stance against use of eminent domain to protect property owner rights

SAN LUIS OBISPO COUNTY — The use of eminent domain was denied by a 1-3 vote during the Tuesday, Aug. 20, San Luis Obispo County (SLO) Board of Supervisors meeting. The “resolution of necessity” to acquire a right-of-way easement from a private landowner to complete the Bob Jones Pathway from Avila Beach to San Luis Obispo was denied 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 with Avila Beach and with another planned trail connecting to Pismo Beach. Specifically, this segment of the trail is referred to as the Bob Jones Pathway “Gap Closure” Project and would close a 4.5-mile segment of the trail. Of that segment, 1.2 aces is needed for a permanent easement.

However, to complete the trail, the county needs a portion of the Bunnell family property, which previously denied selling a stretch of the land into an easement with the County. In November 2023, the board directed staff to look into rerouting the project onto Ontario Road to avoid the Bunnell property. However, in April 2024, the proposed change did not obtain approval from the California Transportation Commission (CTC), and the board went back to the original route.

Advocates of the project have cited safety as the biggest reason to push the project forward. In 2012, a Shell Beach man died after he was hit by a big-rig truck while bicycling near the intersection of Ontario Road and South Higuera Street south of San Luis Obispo. Thirty-nine-year-old Damian Horstman was the chief of anesthesiology and vice chief of staff at Sierra Vista Regional Medical Center.

According to the county staff’s report, the county has sent two offers to the property owners, both of which were denied, leaving the county to seek eminent domain to obtain the property for the easement.

“The public safety aspect cannot be denied,” said Supervisor Dawn Ortiz-Legg when advocating in favor of the eminent domain vote.

She continued, expressing frustration that Bunnell would not voluntarily sell his property: “I feel bad that Supervisor Arnold has to make this decision because it is a no-brainer.”

Supervisor John Peschong recused himself from voting on the item because he received campaign funds from the Bunnell family in 2023. That left four supervisors to make the vote that required four votes to pass. Ortiz-Legg, Bruce Gibson, and Jimmy Paulding were all in favor of moving forward with eminent domain over the Bunnell property.However, Arnold was not. 

“It’s pretty clear that we’re going to see this board fail because one county supervisor chooses not to act in the public interest,” said Gibson.

During the Board’s Nov. 7, 2023, discussion on the possibility of using eminent domain for the easement, Arnold declared her stance against using eminent domain to gain portions of the Bunnell property. She again reaffirmed her stance on Tuesday.

“I won’t be supporting this today,” Arnold said. “I have talked to staff; there are other pathways; this isn’t the end of the road.”

The county has paid almost $7 million into the trail extension project and received about $18 million in federal funding for the project. However, if the project does not begin by March 2025, the funds will have to be returned.

Arnold further explained her decision: “The core case of property ownership needs to be protected, or a lot of things will change in our society.”

In a social media post following the meeting, the county said, “Public Works will further examine the proposal to see if there are any other options to save the extension project.”

The next San Luis Obispo County Board of Supervisors meeting is scheduled for Tuesday, Sept. 10, at 9 a.m.

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The San Luis Obispo County Board of Supervisors is shown in session during the Tuesday, Aug. 20, meeting. The board failed to approve the use of eminent domain to finish the Bob Jones Trail, falling one short of the required four votes.Photo by Camille DaVaul