Conaway Ranch

Background

The Conaway Ranch is a 17,300 acre contiguous parcel located on the west side of the Sacramento River in Yolo County . It has over 15,000 acres of farmable land, the largest gas field in Yolo County , rights to 50,000 acre feet of Sacramento River water and significant groundwater resources. Almost half of the ranch is within the Yolo Bypass and subject to intermittent flooding, and all but some 2,000 acres is within the 100-year flood plain. Currently, the ranch is leased to several farmers who primarily grow rice, alfalfa, tomatoes, and other row crops on the property. The Ranch is famous for its great waterfowl habitat and duck hunting, and for the past fifteen years has maintained the Conaway Wildlife Plan to enhance and maintain the wildlife resources on the Ranch.

One year ago, the Yolo County Board of Supervisors announced plans to acquire the Conaway Ranch from a bankrupt subsidiary of PG & E, either through a negotiated price or via eminent domain. Also, a Joint Powers Authority (JPA) was formed to oversee the management of the Ranch they hoped to acquire, which includes: Yolo County , the four cities of Yolo County , U.C. Davis, and the Yolo County Flood Control and Water Conservation District.

In the meantime, the Ranch was sold for the sum of sixty million dollars as part of the bankruptcy estate pursuant to a closed bidding process that was not legally open to the County of Yolo as a public agency. The land was purchased by the Conaway Preservation Group (CPG), a consortium of individuals and entities that include a farm holdings company, a non-profit organization, and local landowners, including developers Steve Gidaro and John Reynan, both of whom were former owners of the Ranch, and do not wish to sell.

Yolo County’s Abuse of Eminent Domain

Shortly after the CPG’s acquisition of the Conaway Ranch, Yolo County initiated the eminent domain proceedings in Yolo County Superior Court to seize the Ranch from its owners for the stated public purpose of preserving agriculture and open space.

As a longstanding supporter of private property rights, water rights, and rural agricultural communities, the Family Water Alliance stands opposed to Yolo County ’s use of eminent domain for the purchase of the 17,000 acre Conaway Ranch and its water rights. While FWA agrees that efforts to maintain the status quo of Conaway Ranch is a worthy goal, the use of eminent domain to achieve this end is not only unnecessary, but also in our opinion fiscally irresponsible and an abuse of local governmental power.

First and foremost, the use of eminent domain should only be used sparingly, as a measure of last resort, and only in the case of a clear public purpose, where no less intrusive means are available. This misuse of local governmental power is antithetical to the concept of private property rights upon which this nation was founded. Eminent domain should be reserved solely for clearly public uses such as roads, schools, airports, and the like. While recent court decisions (Kelo v. City of New London) have eroded this fundamental Constitutional concept, these decisions do not require that Yolo County subscribe to these misguided principles.

The protection of the existing land use and water use (the stated purpose of the Yolo County Board of Supervisors) can be accomplished through less intrusive means than employing the power to condemn private property. The County has stated that they cannot trust the current owners of the property, worried that they might develop the property. However, the protections sought can be accomplished through zoning and water ordinances, without the need for condemnation. Moreover, this alternative is much less costly than the 60 to 150 million dollar price tag that is sure to be placed on this property at a fair market value court hearing. This expense is certain to be a substantial burden on the taxpayers of Yolo County , especially for a County that recently furloughed its employees at Christmas in a cost saving measure. Further, the transfer of this property from private ownership to public ownership will result in the loss of hundred of thousands of dollars in property taxes to the County, funds over and above the cost of financing the purchase that the County will need to replace to continue to provide basic public services at the current level. As such, it is clear that the more prudent alternative to preserving the Conaway Ranch from a financial perspective is to address the stated concerns through legislative and land use actions, instead of resorting to the condemnation of private property.

Additionally, the Conaway Ranch does not appear to be in any immediate peril. As such, it is completely unreasonable to use eminent domain to take 17,000 acres of prime farmland away from its rightful owner because of unrealized fears that may or may not come to fruition, and which can be addressed through other means. The Conaway Preservation Group has opened its books, held public meetings, and set forth its vision for Conaway Ranch for the present and the future, a vision that includes environmental enhancements, agriculture, flood protection, conservation easements, and mitigation lands. This vision in no way conflicts with the purpose to which the County subscribes.

The County, on the other hand, has refused to discuss the matter openly. Upon receiving questioning and criticism at the JPA meetings, the county suspended the meetings. The County has hidden behind a cloak of secrecy, citing the litigation exception to the Brown Act’s requirement of open public meetings. The public policy of the acquisition itself is certainly a subject that must be subjected to public scrutiny and debate. The County’s reluctance to have this conversation has created an even greater degree of uneasiness in regard to this transaction.

Conclusions

The abuse of eminent domain is a direct attack on private property rights . While certain circumstances may require this extraordinary power to be invoked for the public benefit, it should be constrained to only those situations where there is no less intrusive alternative available, and only when it addresses an essential public need. The example in Connecticut , endorsed by our Supreme Court, that permitted the taking of private homes to be transferred to another private interest merely to increase tax revenues is certainly not such an example. Neither is the land grab being undertaken by Yolo County , especially when no satisfactory public purpose has been presented, and where other less costly and less intrusive alternatives are readily available to address their stated concerns. These two scenarios have brought this issue to center stage.

Family Water Alliance stands opposed to these abuses of eminent domain and this attack on private property rights. If you wish to express your opposition to Yolo County’s eminent domain action, please click here and fill out one of the endorsement forms, and fax to our office at (530) 438-2940. If you would like more information, please do not hesitate to contact us at (530) 438-2026.