BREA : Eminent Domain Invoked for Parcels

Two properties in the downtown redevelopment area were taken by the city through the use of eminent domain this week, after officials and the property owners failed to agree on the sites.

In a 4-0 decision, the City Council voted to take a commercial building at 109 N. Brea Blvd. and a leased property at 201 S. Brea Blvd. During last-minute talks, redevelopment officials reached accord with owners of two other downtown properties also in line for eminent domain.

Under eminent domain, the city has the right to take private property but must pay fair market value and help with relocation.

Michael Kunec, owner of the commercial building, told the council that he is willing to sell, but because he is legally blind he needs help finding a replacement site. He asked for a two-week delay to give him time to work out a deal.

“I am willing to sell, however I need some place to move to,” Kunec said. “I don’t have any place to go, so obviously, I can’t consider any offer.”

Susan Georgino, redevelopment services director, responded that the city had been trying to work with Kunec and had made 11 unsuccessful bids to contact him about his property.

“He has been difficult to get ahold of,” Georgino said.

Phil Shirreffs, who is contesting the takeover of his leased property, did not appear.

Despite Kunec’s pleas to delay the vote, the council went ahead and started the eminent domain action. In an unusual move, Councilman Carrey J. Nelson, who owns property near the downtown site and has abstained from voting on issues involving the project, participated in the decision.

City Atty. James L. Markman said a special section of state law allows previously disqualified council members to participate if there are not enough votes for a majority. In this case, four votes were needed.

Councilman Ron Isles, whose business partner owns an apartment complex in the area, also pulled himself out of previous voting, leaving only three members eligible to vote. Nelson was chosen to vote by a coin toss with Isles.

The city will continue negotiating with the property owners for 90 days, after which the city will acquire the property. To date, about $35.9 million has been spent to buy all of the property needed for downtown redevelopment.