Quick Take
A dispute between the Santa Cruz County Regional Transportation Commission and property owners in Aptos Village about who owns a portion of land along the rail line is moving forward, with a trial expected to begin no earlier than the week of July 13.
As the Santa Cruz County Regional Transportation Commission (RTC) continues work on its Coastal Rail Trail project, an upcoming segment planned to run through Aptos Village has spurred a court case expected to be heard in mid-July.
Segment 12 of the rail trail will stretch about 1.25 miles from State Park Drive to Rio Del Mar Boulevard, heading through Aptos Village. Although the commission voted in December to build segments 9, 10, and 11 on top of the railroad tracks in order to deliver the project within budget, the RTC is still planning for the rest of the trail to be located adjacent to the rail line, which it purchased in 2012. To do so through Aptos Village, the RTC will need to use some of the land that other property owners are using for parking.
The two properties involved are the Bayview Hotel, which has been up for sale and in limbo on the market for several years, and Trout Gulch Crossing next door, which holds several businesses, including Norma Jean’s Coffee and Caroline’s thrift store. Betty Burgers owner Laurie Negro owns the building, and the restaurant has a location just behind the property.
The RTC sued Negro and Bayview Hotel owner Cristina Locke in late 2023, seeking to “quiet title” the portion of land that holds the parking area for Trout Gulch Crossing and the Bayview Hotel. That is a legal proceeding that essentially seeks to determine the ownership each of the parties has of a piece of property – in this case, the area adjacent to the rail line and in front of the Bayview Hotel and Trout Gulch Crossing. Negro and Locke believe that the RTC owns only an easement, while the RTC believes that it owns a “fee simple,” according to court documents filed in Santa Cruz County Superior Court.
The two terms mean different levels of ownership. If the RTC owns only an easement, it would mean that it does not own the property in question, and that full ownership remains with the property owner. The owner’s use of the property would depend on the terms of the easement. If the RTC owns the land in “fee simple,” it would mean that it has complete ownership of the property, which is typically needed for public projects such as new roads or expanding existing road facilities. In order to determine the type and level of ownership that each party possesses, the matter will head to a trial.
Negro declined to comment on the dispute while litigation is ongoing, and Datta Khalsa, the real-estate agent for the Bayview Hotel, did not return Lookout’s request for comment regarding how the lawsuit could affect a potential sale of the hotel.
RTC executive director Sarah Christensen said the agency had been aware of the looming dispute for some time.
“Over the years, we’ve traded correspondence with them, and it’s clear there was a misunderstanding of the level of ownership that they have versus what we have, and this is the best way to clean it up and get clarity,” she said.
Christensen said it’s unclear how a ruling against the RTC would alter the trajectory and delivery of the trail segment, but she said that the agency is “confident” about the court case.
“We did so much due diligence when we bought the property, so we just have to get through the process,” she said.
The trial is still a few weeks away at best, with the week of July 13 being the earliest possible start date, and is expected to last just a few days.
Latest news
Here’s what’s happening this week on our roadways:
- Utility and shoulder work is shutting down one lane in various sections of Highway 9 from Monday through Friday between 7 a.m. and 4 p.m. Those sections are between Hihn Street and Kirby Street, San Lorenzo Way and Graham Hill Road/Bennett Street, Wildwood Drive and Mitchell Drive, and Camp Sycamore Road and Keystone Way.
- Roadway excavation is shutting down the southbound Highway 1 on-ramp at Park Avenue in Capitola until Aug. 19.
- There is a six-week closure of the southbound auxiliary lane of Highway 1 between Soquel Drive in Live Oak and 41st Avenue in Capitola due to guardrail work.
- Emergency sewer work in Soquel Village could occasionally block access to driveways, sidewalks, on-street parking and interrupt sewer service on weekdays until June 30, on Soquel Drive, Porter Street and Main Street. Work on Soquel Drive will be overnight from 8:30 p.m. to 5:30 a.m. and from 9 a.m. to 3 p.m. on Porter and Main streets. Shorter-duration pothole repair work on Porter, Main and Center streets and Daubenbiss Avenue will take place from 8:30 a.m. to 4:30 p.m.
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