SMART has voted to use eminent domain to take control of portions of its popular bike and pedestrian path.
The Marin Independent Journal reports SMART officials say the move is a necessary last resort to protect the path from ongoing lawsuits. A group of landowners is challenging the agency’s right to build on the land, claiming it was for railroad use only.
The landowners’ attorney says this move proves his clients are owed compensation, calling it an admission that SMART took their property rights.
