The Stanislaus County Board of Supervisors will consider adopting a Resolution of Necessity on Tuesday to acquire property by eminent domain for the long-planned Kilburn Road Bridge replacement over Orestimba Creek near Crows Landing.
The resolution targets two parcels—owned by Zachary J. and Audrey N. Maring and the De Pauw family trusts—that are needed to facilitate construction of a new, structurally sound bridge. County staff report that offers of just compensation have been made to both ownership groups, but negotiations have not resulted in a settlement. If adopted, the resolution would authorize County Counsel to initiate eminent domain proceedings to secure the necessary property interests.
The Kilburn Road Bridge Project aims to replace the aging single-span bridge with a modern two-lane, three-span structure that meets current safety and engineering standards. The existing bridge is considered structurally deficient, unable to support legal truckloads, and lacks clearance for a 50-year flood event. Currently, stop signs on either side of the bridge restrict traffic to one vehicle at a time.
According to the county’s Statement of Public Use, the project will correct structural deficiencies, increase load capacity and permit rating, widen lanes to current standards, and improve motorist safety. Stanislaus County is the lead agency for the project and responsible for all right-of-way (ROW) acquisitions. The proposed acquisitions are necessary to bid the project and begin construction.
For the Maring parcel at 22001 Kilburn Road, the county seeks a permanent road easement (1,594 square feet), a permanent maintenance easement (3,013 square feet), and a temporary construction easement (1,715 square feet). The land is currently used as a rural ranchette with a walnut orchard, but the acquisition areas are vacant and unimproved. A certified appraiser valued the acquisition areas at $4,000, and the county made a formal offer in April 2024. Despite more than two dozen outreach attempts by the county’s ROW consultant, no agreement has been reached.
The second parcel, located at 22006 Kilburn Road, is jointly owned by the P.C. De Pauw Trust and the R & S De Pauw Trust. The county seeks a permanent road easement (2,607 square feet), a permanent maintenance easement (1,491 square feet), a permanent utility easement (1,332 square feet), and a temporary construction easement (1,939 square feet). The larger parcel is used for irrigated field crops, but the acquisition areas are vacant and not planted or improved. The utility easement is needed to relocate above-ground lines and poles held by Turlock Irrigation District.
The county’s use of eminent domain in this case is framed as a last resort, triggered only after extensive outreach and negotiation efforts failed to produce voluntary agreements. Under California law, a public entity may not initiate condemnation proceedings until its governing body adopts a Resolution of Necessity (RON), which requires specific findings about public interest, project compatibility, and necessity of the property. Property owners were notified by mail and given the opportunity to appear and be heard at Tuesday’s hearing. If the resolution is adopted, the county will proceed with court filings and seek prejudgment possession to maintain the project’s construction timeline.
The Kilburn Road Bridge Project is designed to meet modern engineering standards set by the County, Caltrans, and the American Association of State Highway and Transportation Officials (AASHTO). The new bridge will feature wider lanes, improved shoulders, and structural capacity to support legal truckloads. It will also provide adequate clearance for flood events, addressing long-standing safety concerns for motorists and emergency responders. The current bridge’s one-lane configuration and posted weight restrictions have made it a bottleneck for rural traffic and a hazard during high water conditions.
In addition to the bridge replacement, the project will require relocation of existing overhead utility poles and underground communication lines. The county has coordinated with Turlock Irrigation District to plan for the rerouting of services onto new utility poles along Kilburn Road. These infrastructure adjustments are critical to ensuring uninterrupted service and compliance with safety regulations during and after construction. The utility easement on the De Pauw parcel is specifically designated for this purpose, and forms part of the broader effort to modernize the corridor while minimizing disruption to surrounding properties.
The bridge replacement is fully funded through the Federal Highway Administration’s Highway Bridge Program and Toll Credits, with a total project cost of $6 million included in the county’s 2026 Public Works Road Projects budget. The project has undergone environmental review under CEQA and NEPA, with mitigation measures in place for cultural resource impacts.
County staff say the recommended actions align with the Board’s priorities of delivering efficient public services and enhancing community infrastructure.
