BUENA PARK : Eminent Domain Is OKd 12 More Years

The City Council agreed Monday to continue the city’s power of eminent domain within its redevelopment area for another 12 years.

In the 12 years that the provision has been available to the city, it has been used only once, to replace a bar with a restaurant at Manchester Avenue and Beach Boulevard. But business owners at Monday’s council meeting said they remain concerned.

“That’s 12 more years I get to walk on thin ice,” said Walter Shelton, who owns a heating and air-conditioning business in the redevelopment area.

Shelton and other business owners say the city’s power of eminent domain not only makes them feel insecure, it also makes them less inclined to invest in building improvements or landscaping, because the city could legally seize their properties.

Assistant City Atty. Andrew Arczynski told council members that the city has no plans to buy out any properties within the area. The provision simply gives the city the right to a property if a future development’s benefit to the community, such as increased jobs, outweighs a business owner’s right to continue operating in the same location.

“We are not going out tomorrow and taking some individual’s land from him,” Arczynski said.

There are 25 residential units within the commercially zoned redevelopment area, said Mai Hui, the city’s assistant director of development services. The city has no immediate plans to replace those properties, she said.

Don Phelps, who owns property within the redevelopment area, said one of his business tenants moved out because he feared a potential relocation by the city. That uncertainty, he said, will hurt him more than any buyout by the city.

“I would rather get paid for my building now and get rid of it. I think this redevelopment extension really makes a mockery out of ownership. It really doesn’t feel like you own the property,” Phelps said.

Council members, however, disputed arguments that the provision would run businesses out of town and eliminate jobs. Rather, they said, the tools allowed through the redevelopment plan will enable the city to improve its chances of attracting and retaining businesses.

“It is not the intent of the redevelopment agency to put anyone out of business or run business out of Buena Park,” said Councilman Donald L. Bone. “As a matter of fact, we want to encourage small business. The retention of all businesses, small and large, is a goal of this City Council.”

Councilman Don R. Griffin said redevelopment allows the city to provide incentives to employers and to renovate older areas of the city.