Monday, December 11, 2006

Register's Greenhut: Eminent domain in Newport Beach?

Prolific Orange County Register editorial writer Steven Greenhut wonders in a recent Orange Punch blog post if the City of Newport Beach's potential use of eminent domain to seize the Tennis Club property at NBCC as the site for a new City Hall is "really necessary." See Greenhut's post here.

Even though the flexing of its eminent domain muscle for the purpose of building a new City Hall is a public use, writes Greenhut, it "doesn't mean it's a good use" of the power.

"...every city wants to build edifices, property rights and taxpayers be damned," offers Greenhut. We couldn't agree more. And in this case, both property rights and Newport Beach taxpayers are potentially damned.

In the first instance, it was at a closed-door session in October that the City decided to spend thousands of taxpayer dollars to appraise the Tennis Club property even though it's not for sale. But that expenditure is chump change compared to what the City may force taxpayers to spend to acquire the property in a forced sale (read: eminent domain). Preliminary estimates peg the dirt and other damages due to lost revenues at up to $70 million.

Where property rights are concerned, the collateral damage outside of the losses to the landowner, the Golf Club and the Tennis Club will certainly spill over to the Granville community - which abutts the Racquet Club property - as well as Irvine Terrace. The residents of these communities can - in our opinion - anticipate significant quality-of-life impacts such as noise and increased traffic if City Hall winds up on the Tennis Club property.



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Daily Pilot Report: City may have to fight for Tennis Club

The Daily Pilot's Alicia Robinson reports in a Saturday, December 9, story that eminent domain is indeed on the minds of some Newport Beach City Councilmembers where the Tennis Club at Newport Beach Country Club is concerned. Read Robinson's report here.

Writes Robinson: Another unanswered question is whether the council would use eminent domain. The three councilmen who have been working on the issue — Ed Selich, Tod Ridgeway and Don Webb — said it's still a possibility.

That even the possibility of eminent domain is being entertained by some councilmembers changes the Daily Pilot's headline from "City may have to fight for Tennis Club" to "City will have to fight for Tennis Club."

Protect Newport Beach Country Club will vehemently oppose any eminent domain action taken by the City of Newport Beach against the Tennis Club property.

1 comment:

Anonymous said...

Let's see, now. Vibrant, profitable tennis club or new City Hall? Well, it's not like there are no other choices that would be much less controversial. If the city must condemn a viable business, why not the Edwards Theaters? They are centrally located and make money, too. Why not the Marriott Hotel or the Pacific Life Building? Those make as much sense as does plowing under the tennis club.

This really doesn't seem all that complicated. Way back when I first suggested that Newport Beach look at the parcel above the library it seemed like the perfect choice. It still does. It was made even more attractive when Bill Ficker recently designed a single story, affordable edifice for that site. Environmentalists will screech and moan, but Newport Beach has a lot of natural areas, including the Back Bay and those miles and miles of lovely beaches. Besides, with the right plan, the Civic Center Plaza with the City Hall and library could incorporate lovely, natural areas in which residents could stroll.

I know - the utilization of that site might encroach on the "views" of a few well-heeled residents, but not many and not by much. Even if a five story building were built at the site, it wouldn't significantly block many views.

This will be the first real test for the brand new Newport Beach City Council - a gut check, as it were. It's going to be very interesting to see what they're made of on this one.