Landowners Say City Trying to Cheat Them

The owners of a 200-acre tract of prime real estate along Laguna Canyon Road--the latest battleground in the effort to save the canyon from development--on Thursday accused Laguna Beach officials of trying to seize the property and give them only a fraction of what it is worth.

“I don’t think there’s any strong desire to do anything other than take my property at a price I am unwilling to sell it for,” said John DeWitt, a San Gabriel Valley oil retailer who, along with Alice Platz of Arizona, owns the land.

DeWitt’s comments followed the Laguna Beach City Council’s decision this week to condemn and commence eminent domain proceedings to acquire the property, which is south of the junction of Laguna Canyon and El Toro roads.

City officials, eager to preserve as much of the canyon as possible, have been embroiled in a long-running feud with DeWitt and Platz over how best to save the area for preservation while providing them with adequate compensation for their 200 acres.

The dispute is the latest skirmish in efforts by Laguna Beach officials and a loosely based coalition of environmental groups and activists to save the canyon from development. There is a similar dispute over the Irvine Co.’s plans to build an upscale housing project at the mouth of Laguna Canyon Road.

Preservationists have urged the Irvine Co. to turn the 2,150 acres into a “Central Park of Orange County.”

City officials had offered DeWitt and Platz $1 million for their property but turned to condemnation after the offer was rejected. Officials said the land, which is on the east side of Laguna Canyon Road less than a mile south of El Toro Road, would be purchased with Proposition 70 funds and preserved as permanent public open space.

Funding for Natural Land

Proposition 70 was the California Wildlife, Coastal and Park Land Conservation Act, which provides grant funding for the acquisition of natural land. The amount that DeWitt and Platz eventually receive for the property will be determined either through negotiations or by a court during the condemnation proceedings.

DeWitt said Thursday that the city’s action did not mean the battle was over.

“I’m not a voter; I’m just a property owner,” he said. “The soap opera ‘As Laguna Turns’ will continue.”

DeWitt said Laguna officials did not negotiate in good faith.

“From our perspective, no attempt to negotiate has been made,” he said. “There have been a couple of phone calls and half-hour meetings. I’ve called, and they’ve refused to talk to me.”

DeWitt noted that he had resubmitted a previous offer to donate more than 180 of the 200 acres to Laguna Beach in return for the city’s allowing “acceptable development” of the lower acres fronting Laguna Canyon Road. DeWitt said this plan would save the city money and litigation costs to acquire the property and enable him and Platz to secure some return on their investment.

“We are interested in reaching a satisfactory agreement,” he said. He said half the property is worth more than $1 million.

No Firm Plans

DeWitt said he had no firm plans for the property but previously had considered residential and light industrial use. The land is now zoned for agriculture. He said the previous $1-million offer is one-third less than his investment.

Sandy Lucas, president of Laguna Canyon Property Owners Assn., speaking on behalf of DeWitt, said his offer was fair.

“We much prefer Proposition 70 money to be used for other acquisitions,” she said. “We have no problem with minimal development.” She said it was “appalling that they voted to condemn without more negotiating.”

Rob Clark, deputy city manager, said that he could not reveal details of the negotiations but denied that the city did not try to reach an equitable solution.

“We’ve made every attempt to negotiate with both parties,” he said. “The negotiation really just enters another phase now. It will continue, but if we’re unable to resolve it, it will ultimately be resolved in a court action.”

Council member Martha Collison, the only person on the City Council to vote against the condemnation proceedings, said that while she agrees with the need for open space, more negotiation with DeWitt is needed.

“We have not negotiated enough with this man as much as we should,” she said. “We’re offering half the money he thinks it’s worth. He has rights too.”

But Mayor Pro Tem Lida Lenney said that even though condemnation and getting the property by eminent domain sounds bad, it’s a “fair process.”