City considers condemning property for development

By Hallie Winchell, Staff Writer
Wednesday, October 04, 2006 | 2 comment(s)

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The Coos Bay Urban Renewal Agency will meet tonight to discuss using eminent domain to gain control of several acres of private property considered part of the South Town project.

According to Mayor Joe Benetti, the agency will meet in executive session at 7 p.m., in the city manager's conference room. The council plans to adjourn to a public meeting after the executive session, hearing public comments before taking any action.

The agency will consider the possibility of using eminent domain to condemn private property and allocate land for public use. In Kelo v. New London, the U.S. Supreme Court confirmed last year that a local government has the legal right to condemn private property to further economic development.

Coos Bay would provide the previous owners with the fair assessed value of the property - but leave the property holders with no choice in the matter.

Benetti mentioned a lawyer representing Les Golbek and his family will be at the meeting, but wouldn't provide further details on the property in question. Les' Sanitary Service is located on some of Golbek's land in and around the South Town development area.

Benetti urged community members and City Council candidates to attend the meeting.

“This is something that has never been considered in my lifetime,” he said.

Benetti and Councilor Jeff McKeown said they had no opinions on the issue as the agency had not had the opportunity to meet and discuss its options. Councilor John Muenchrath made a public statement against using eminent domain to acquire property.

“The agency will be considering initiating eminent domain proceedings in order to condemn private property in South Coos Bay for the purpose of making private land available to a corporation for development,” Muenchrath read from a prepared statement. “That is, taking one man's property by force of law to give it to another private entity.”

Muenchrath didn't limit his scorn to the issue but also criticized the manner in which the agency had gone about exploring this option. If eminent domain is a right for local government to develop and improve cities by consolidating properties, if this is for the public good, why is this issue being considered in secret? Muenchrath asked.

He also reminded the community that the agency had already spent $25,000 to provide marketing and development for the South Town area - which comprises about eight acres, all owned by various private entities, that border Coalbank Slough and Lockhart Avenue. Now that marketing and negotiating efforts have failed, condemnation is on the table, Muenchrath added.

“Unlike John, since we haven't had a chance to meet and discuss this, I haven't really formed an opinion,” Benetti said.

Eminent domain is not only a lengthy, involved process, but the agency is facing various time constraints, Benetti said. If the city's Urban Renewal Agency doesn't make a decision tonight, it won't have the chance to attempt this again, he added. What specific time limits bind the agency Benetti wouldn't say, but added that everything would be explained.

In other business Tuesday night, the City Council;

- heard a report from City Financial Director Janelle Howard, on the significant increase in property tax revenue this year, adding a total of $216,000 to the city's budget - all from new construction;

- approved a text amendment to the land development ordinance;

- approved the final plat for the Forest Hills Estates subdivision off Ocean Boulevard;

- adopted the collections, sanitary and storm water master plans; and

- held an executive session on real property negotiations to relocate the downtown fire station.

Condemnation meeting to be held tonight

The Coos Bay Urban Renewal Agency will hold an executive session tonight, followed by a public hearing, to discuss condemning personal property in the South Town development and allocating it for public use. The property would then be provided to an interested private corporation for development, according to Councilor John Muenchrath.

- When - 7 o'clock tonight.

- Where - Coos Bay council chambers. The executive session will be held in the city manager's conference room with the public session in the council chambers

- For more information, those interested can call Joyce Jansen, interim city manager, 269-8912.
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resident wrote on Oct 4, 2006 3:28 PM:

H.R. 3135 the “Private Property Rights Protection Act of 2005” was cosponsored by Oregon Congressman DeFazio and Walden. This does not stand a chance

Alex Camerino wrote on Oct 4, 2006 3:20 PM:

Congressman DeFazio and Walden are co-sponsors of HR 3135 Private Property Rights Protection Act of 2005. I never thought this would happen in Coos Bay.


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