REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
October 20, 2026
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
JOSHUA DUGAS, Director, Department of Behavioral Health
SUBJECT
Title
Hearing to Consider Adoption of the Resolution of Necessity for Acquisition by Eminent Domain of a Non-Exclusive Permanent Access Easement for the Department of Behavioral Health Comprehensive Treatment Campus Project
End
RECOMMENDATION(S)
Recommendation
1. Conduct a public hearing to consider condemnation of a non-exclusive permanent access easement over a portion of Assessor’s Parcel Number 3105-191-01-0000, owned by OK Enterprise, LLC, for the San Bernardino County Department of Behavioral Health Comprehensive Treatment Campus Project in the City of Victorville.
2. Approve the appraisal establishing the just compensation for the non-exclusive permanent access easement at $98,567, consisting of $85,754 for the permanent access easement and $12,813 in damages to the remainder, rounded to $99,000, a copy of which is on file with the Real Estate Services Department.
3. Find that the Real Estate Services Department made a written offer of $99,000 to OK Enterprise, LLC, the owner of record, in accordance with Government Code section 7267.2, a copy of which is on file with the Real Estate Services Department.
4. Authorize the acquisition of a non-exclusive permanent access easement over approximately 24,501 square feet (0.56 acres) of a portion of Assessor’s Parcel Number 3105-191-01-0000, owned by OK Enterprise, LLC, including the right to widen, improve, repair, replace, and maintain the existing driveway and associated improvements, as more particularly described and depicted in the proposed Resolution of Necessity and its attached exhibits for the Department of Behavioral Health Comprehensive Treatment Campus Project.
5. Following the public hearing and consideration of the evidence and objections presented, if any, adopt a Resolution of Necessity that authorizes the filing of a court action to condemn the above-described real property interest and that finds, determines, declares, and resolves as follows:
a. The public interest and necessity require the Department of Behavioral Health Comprehensive Treatment Campus Project.
b. The Department of Behavioral Health Comprehensive Treatment Campus Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury.
c. The non-exclusive permanent access easement is necessary for the Department of Behavioral Health Comprehensive Treatment Campus Project.
d. The County has complied with the requirements of Government Code section 7267.2 and made the required offer to acquire the non-exclusive permanent access easement together with the accompanying statement and summary of the basis for the amount established as just compensation to OK Enterprise, LLC, the owner of record, which offer and accompanying statement/summary were in a form and contained all of the factual disclosures required by law, and complied with all conditions and statutory requirements necessary to the exercise of the power of eminent domain to acquire the non-exclusive permanent access easement.
e. The legally required notice of hearing on this Resolution of Necessity was given to the owner of record as required by Code of Civil Procedure section 1245.235.
f. The County is hereby authorized to acquire the non-exclusive permanent access easement by eminent domain pursuant to Section 19, Article I of the California Constitution, Section 25350.5 of the California Government Code, Sections 1230.010 et seq., 1240.010, and 1240.110-1240.120 of the California Code of Civil Procedure, and other applicable laws.
g. The non-exclusive permanent access easement that the County is by this Resolution authorized to acquire, is situated in San Bernardino County, State of California, City of Victorville and is described in the recitals and in the documents attached as Exhibits A, B, and C of the Resolution.
h. County Counsel, directly or through outside counsel retained by County Counsel or the Board of Supervisors, is authorized and directed, on behalf of the County, to prepare, institute and prosecute in the name of San Bernardino County such proceedings in the proper court having jurisdiction as may be necessary for the acquisition of said permanent access easement, including the filing of a motion for an order for possession before judgment.
i. The Chief Executive Officer, the Director of the Real Estate Services Department, and County Counsel are authorized and directed to deposit the amount of probable compensation for the non-exclusive permanent access easement pursuant to applicable law.
j. The Director of the Real Estate Services Department is authorized to correct any errors and make non-material changes to the description of the non-exclusive permanent access easement to be acquired, or to reduce or modify the amount or interest in the permanent access easement to be acquired as needed to reduce the amount of just compensation to be paid, so long as the reduction or modification will not materially impair the implementation of the Department of Behavioral Health Comprehensive Treatment Campus Project, subject to County Counsel review.
k. The Resolution is effective immediately upon its adoption.
l. The Clerk of the Board of Supervisors shall certify the adoption of this Resolution and certify this record to be a full, true, and correct copy of the action taken (Four votes required).
(Presenter: Terry W. Thompson, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote and Fulfill the Countywide Vision
Improve County Government Operations
Provide for the Safety, Health, and Social Service Needs of County Residents
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The County's cost to acquire the non-exclusive permanent access easement (Easement) is currently estimated to be $99,000, subject to a jury determination of the fair market value in the event the matter proceeds to trial, not including litigation-related costs, which may include, without limitation, outside counsel and expert fees, discovery and deposition costs, and other related costs. In addition, the Real Estate Services Department (RESD) estimates an additional $25,000 in County administrative costs. The Department of Behavioral Health Comprehensive Treatment Campus (Project) total easement costs will be funded within the Department of Behavioral Health’s (DBH) Project, part of 1991 and 2011 Realignment funds. Sufficient appropriation and revenue are included in the 2026-27 Project budget and will be included in future recommended budgets. DBH will be responsible for all internal administrative costs incurred for processing the easement.
BACKGROUND INFORMATION
This item recommends the approval of the appraisal and acquisition by eminent domain of the Easement comprising approximately 24,501 square feet (0.56 acres) over a portion of Assessor’s Parcel Number (APN) 3105-191-01-0000, owned by OK Enterprise, LLC (OK Enterprise), for the Project in the City of Victorville. The Easement is required to provide permanent access to the Project.
On July 9, 2024 (Item No. 13), the Board of Supervisors (Board) approved the Project. The Project will expand upon existing facilities and construct new facilities. The Project site is owned by the County and is comprised of one parcel, APN 3105-191-11-0000. The total acreage of the Project site is approximately 29 acres. This expansion will provide comprehensive behavioral health treatment facilities for County residents including services for substance use disorders, and/or mental health conditions. The Project will expand DBH capacity to deliver these treatment services.
The County intends to develop this site with new treatment facilities and recovery residences for individuals in treatment under the Behavioral Health Continuum Infrastructure Program and Community Care Expansion Program. The Project includes one 36-bed Adult Residential Treatment Facility; one 24-bed Adult Withdrawal Management building; one Outpatient building; two Adolescent Residential and Psychiatric Residential Treatment Facilities (containing 32 beds); and one Wellness Center. Additionally, the CCE facility will provide 52 beds in one Recovery Residences Building. In total, the Project will add 144 beds to the site.
Description of the Subject Property and Easement
The following table summarizes the property and Easement that are the subject of the proposed Resolution of Necessity:
|
Item |
Information |
|
Subject Property Owner |
OK Enterprise, LLC |
|
Subject Property APN |
3105-191-01-0000 |
|
Location |
City of Victorville, San Bernardino County |
|
Property Relationship to Project |
The property is located immediately north of the County-owned Project site and between the Project site and Palmdale Road |
|
County Project-Site APN |
3105-191-11-0000 |
|
County Project-Site Area |
Approximately 29 acres |
|
Interest to Be Acquired |
Non-exclusive permanent access easement |
|
Easement Area |
Approximately 24,501 square feet (0.56 acres) |
|
Approximate Easement Width |
40 feet |
|
Existing Use of Easement Area |
Existing improved driveway providing access from Palmdale Road to the County-owned Project site |
|
Easement Rights |
Permanent vehicular and pedestrian ingress and egress, including the right to widen, improve, repair, replace, and maintain the existing driveway and associated improvements |
|
Purpose of Acquisition |
To provide safe, permanent vehicular and pedestrian access from Palmdale Road to the Project site and permit the County to widen, improve, and maintain the access roadway and associated improvements |
|
Appraised Just Compensation |
$98,567, consisting of $85,754 for the Easement and $12,813 in damages to the remainder |
|
County Offer |
$99,000 |
|
Status of Negotiations |
OK Enterprise, LLC has not accepted the County’s offer; negotiations remain ongoing |
The Easement generally follows the existing improved driveway from Palmdale Road across the OK Enterprise property to the County-owned Project site. The County proposes to acquire only a non-exclusive permanent access easement, rather than fee title or exclusive possession of the Easement area. The location and dimensions of the Easement are more particularly described in Exhibit A and depicted in Exhibit B to the proposed Resolution. The specific Easement rights to be acquired are described in Exhibit C.
Required Findings and Recommended Action
The County is authorized to acquire property by eminent domain pursuant to Government Code section 25350.5. Pursuant to Code of Civil Procedure sections 1245.240 and 1245.245, adoption of the Resolution of Necessity requires a two-thirds vote (four votes) of the Board.
Before adopting the Resolution, the Board must consider the staff report, staff presentation, the Project and acquisition documents incorporated into the hearing record, and any evidence or objections presented at the public hearing. Based on that evidentiary record, staff recommends that the Board make the following findings:
1. The public interest and necessity require the Project.
2. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury.
3. The Easement is necessary for the Project.
4. The County made the offer required by Government Code section 7267.2 to OK Enterprise, the owner of record, together with the required statement and summary of the basis for the amount established as just compensation.
The County has satisfied all applicable legal requirements for adoption of the Resolution of Necessity to acquire the Easement by eminent domain for the Project. Staff recommends that the Board adopt the Resolution of Necessity authorizing the County’s legal counsel to commence eminent domain proceedings to acquire the Easement; deposit the amount of probable compensation; seek an order for possession before judgment if necessary; and take such other actions as may be authorized by the Resolution and applicable law.
The Public Interest and Necessity Require the Project
A public use is a use that concerns the entire community or promotes the general interest in its relation to any legitimate object of government. The Project is a public use because it will expand existing behavioral health treatment facilities and construct new facilities to serve County residents experiencing serious mental illness and/or substance use disorders.
The Project will provide comprehensive behavioral health treatment, including withdrawal-management, outpatient, residential treatment, recovery residences, and wellness services for County residents. The Project therefore serves the public health, safety, and welfare and constitutes a public use for which the County may acquire property under California law.
The County is authorized to acquire the Easement by eminent domain pursuant to Article I, Section 19 of the California Constitution, Government Code section 25350.5, and Code of Civil Procedure sections 1230.010 et seq., including sections 1240.010, 1240.110, and 1240.120. These authorities permit the County to acquire by eminent domain an interest in real property that is necessary for a county purpose or function.
A Resolution of Necessity must be adopted before the County commences an eminent domain proceeding. The Resolution must identify the public use for which the property is being acquired, refer to the authority permitting the County to exercise the power of eminent domain, describe the property to be acquired, and contain the findings required by Code of Civil Procedure section 1245.230.
The Project is Planned and Located in the Manner that will be Most Compatible with the Greatest Public Good and the Least Private Injury
Initially, as part of the California Environmental Quality Act (“CEQA”) environmental review process (described in greater detail below), the Project anticipated closing the existing access to the site from Palmdale Road and moving the Project’s primary access to Cobalt Road. However, as part of that review process, the City of Victorville requested that the planned entrance for the Project be relocated to Palmdale Road, which is the existing access to the site.
The County subsequently evaluated modified access arrangements in an Addendum to the Mitigated Negative Declaration (“Addendum”). The Addendum considered two modified access configurations: (1) public ingress and egress from Palmdale Road, with two emergency access driveways off Cobalt Road (Option 1) and public ingress and egress from both Cobalt Road and Palmdale Road, with two emergency access driveways off Cobalt Road; and (2) public ingress and egress from both Cobalt Road and Palmdale Road, with two emergency access driveways off Cobalt Road (Option 2).
Consistent with the Addendum approved by the Board on May 5, 2026 (Item No. 44), the Project’s primary access is now planned from Palmdale Road while maintaining access from Cobalt Road solely for emergency access (Option 1). The selected configuration provides primary public access from Palmdale Road and reserves access from Cobalt Road for emergency vehicles. Accordingly, the Project, including its selected access configuration, is planned and located in the manner most compatible with the greatest public good and the least private injury.
The proposed Easement will also result in the least private injury because it generally follows the existing driveway connecting Palmdale Road to the County-owned Project site and is limited to a non-exclusive permanent access interest, including the right to widen, improve, repair, replace, and maintain that driveway and associated improvements. The use of the existing driveway alignment reduces the need to establish a new access corridor across an otherwise unaffected portion of the OK Enterprise property. Limiting the acquisition to a non-exclusive easement, rather than acquiring fee title or an exclusive easement, also limits the nature and extent of the property interest to be acquired.
Necessity of the Easement for the Project
The Project requires permanent access to the County-owned property located immediately south of the property owned by OK Enterprise. The existing driveway across the OK Enterprise property is currently the only improved physical access from Palmdale Road to the County-owned property and Project site. The driveway connecting Palmdale Road to the Project site was first developed in the late 1960s, and the Easement would allow the County to widen, improve, repair, replace, and maintain the existing driveway and associated improvements. The proposed Easement is approximately 40 feet wide and would provide safe, permanent vehicular and pedestrian access to the Project. The acquisition of the Easement is necessary to make the required improvements to the existing driveway and provide safe access to the Project.
Without the Easement, the County would be unable to ensure permanent vehicular and pedestrian access from Palmdale Road to the Project site, or to exercise the rights necessary to widen, improve, repair, replace, and maintain the existing driveway and associated improvements serving the completed Project.
The Easement is limited to the property interest reasonably necessary to provide that access. The County is not acquiring fee title or exclusive possession of the Easement area. OK Enterprise will retain ownership of the underlying property and, subject to the County’s Easement rights, may continue to use the Easement area in a manner that does not unreasonably interfere with the County’s access or associated improvements.
Appraisal, Offer, and Negotiations
RESD completed an appraisal establishing the fair market value of the Easement at $98,567, consisting of $85,754 for the Easement and $12,813 in damages to the remainder. The appraised amount was rounded to $99,000 for purposes of the County's offer. As required by Government Code section 7267.2, on July 2, 2026, RESD provided OK Enterprise with a Statement of Just Compensation and a written offer of $99,000, together with the proposed Right of Way Contract/Acquisition Agreement and Grant of Easement. The offer was for an amount not less than the amount established by the County’s approved appraisal.
The written offer to OK Enterprise provided that OK Enterprise had the right, under Code of Civil Procedure section 1263.025, to obtain an independent appraisal. The County offered to reimburse OK Enterprise for the reasonable costs of an independent appraisal up to $5,000, subject to certain conditions. The Owner has not accepted the County’s offer.
The County has continued negotiations with OK Enterprise. However, to meet the Project’s schedule and avoid delay to critical milestones, it is recommended that the Board consider adoption of a Resolution of Necessity at this time, following the public hearing and consideration of the evidence and objections presented, if any. Adoption of the Resolution of Necessity will allow the County to timely commence eminent domain proceedings, deposit probable compensation, and, if necessary to maintain the Project schedule, as well as seek possession of the Easement before judgment. The County will continue to negotiate in good faith with OK Enterprise in an effort to reach a voluntary acquisition notwithstanding adoption of the Resolution of Necessity or commencement of eminent domain proceedings.
Notice and Opportunity to be Heard
Pursuant to Code of Civil Procedure section 1245.235, the County provided OK Enterprise with the required Notice of Intent to Adopt a Resolution of Necessity by first-class mail, advising OK Enterprise of the Board’s consideration of the Resolution of Necessity and its right to appear and be heard as required by eminent domain law.
ENVIRONMENTAL REVIEW
The Project was reviewed pursuant to CEQA (Pub. Res. Code, § 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.). On November 4, 2025 (Item No. 28), prior to the start of construction work, the Board adopted the Initial Study and Mitigated Negative Declaration (State Clearinghouse #2025080148), as well as the Mitigation Monitoring and Reporting Program, for the Project. On May 5, 2026 (Item No. 44), the Board adopted an Addendum to the Mitigated Negative Declaration for the Project. The Mitigated Negative Declaration and Addendum approved for the Project by the County, as the Lead Agency for CEQA purposes, identified potentially significant effects to the environment, but recommended mitigation measures that have been incorporated into the Project by the County that will mitigate these effects to less than significant effect. The proposed Project is, accordingly, in full compliance with CEQA.
The Addendum evaluated the modified access configurations for the Project, including the selected configuration providing primary public ingress and egress from Palmdale Road and emergency access from Cobalt Road. The Board’s approval of the Addendum therefore encompassed the access configuration for which the County now proposes to acquire the Easement.
The Mitigated Negative Declaration and Addendum are incorporated herein by reference and are part of the record of this Resolution of Necessity hearing.
PROCUREMENT
The County is authorized to acquire property by eminent domain pursuant to Government Code section 25350.5. Pursuant to Code of Civil Procedure sections 1245.240 and 1245.245, adoption of the Resolution of Necessity requires a two-thirds vote (four votes) of the Board.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Scott Runyan, Principal Assistant County Counsel, 387-5455) on October 14, 2026; Behavioral Health (Jennifer Alsina, Assistant Director, 388-0808, and Michael Shin, Administrative Manager, 388-0899) on September 24, 2026; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on September 24, 2026; and County Finance and Administration (Lizveth Varela, 387-4883, and Eduardo Mora, 387-4376, Administrative Analysts) on October 2, 2026.
(EV: 893-0921)