Last week’s 6-0 city council vote to begin eminent domain action for a sliver of land at the Stevens Creek trailhead might make some people think that the city is trampling on private property rights.

But anyone who equates this action with the infamous case last year — in which the Supreme Court ruled in favor of a Connecticut city’s use of eminent domain to take property for a private development — is seriously mistaken.

Mountain View officials are quick to point out that the land in question, 187 square feet and a temporary construction easement at Yuba Drive, is being taken so the trail can more closely follow the creek under El Camino Real at Highway 85. The alignment of the trail at this point was changed after an earlier route was criticized by environmentalists and other proponents of the trail.

The owners of the property in question operate the Homestead Studio Suites Hotel on a narrow, odd-shaped lot between the creek and Highway 85. They say they did not respond to the city’s offer because they oppose the transfer, saying the presence of construction equipment would hurt business and that the city has not proven it is necessary.

Members of the city staff told the council that the hotel did not respond to repeated requests, beginning in March of last year, to even discuss the easement. After a year had gone by, the city felt it had no option other than eminent domain, opening a 30-day period during which Homestead can still negotiate a settlement.

Many city officials, and most city council members, consider the Stevens Creek Trail as one of Mountain View’s most important assets. Millions of dollars and many hours of city staff time have been spent to nurture this green belt along the creek. It already provides thousands of residents easy access to Shoreline trails and recreation opportunities.

The current phase of trail improvements — including the new alignment at the hotel property, the purchase of an adjacent property for a new trailhead, and the tunnel under El Camino Real — will cost about $6 million.

We hope the hotel owners will sit down soon with the city and negotiate a compromise. The trail is far too important to be held up by such a small dispute that should have been settled months ago.

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