Bill by Maddox Could Aid Church in Cypress Land-Use Dispute

In response to the debate over an Orange County church’s expansion plans, Assemblyman Ken Maddox (R-Garden Grove) introduced a far-reaching bill Wednesday that would prevent the use of eminent domain laws to seize property owned by religious institutions.

The proposed legislation was sparked by a land fight between the city of Cypress and Cottonwood Christian Center, which owns 18 acres of prime vacant land in the city. The church had hoped to build a complex on the land for its growing congregation.

Churches in redevelopment zones need protection from money-strapped cities that want to replace them with tax-generating businesses, a Maddox aide said.

“We’re pleased that Assemblyman Maddox took notice that cities are not accepting of churches because of tax reasons,” said the Rev. Mike Wilson, a Cottonwood minister. “I think the issue is bigger than just us.”

City Manager Patrick P. Importuna said that Cypress officials have been trying to reach a compromise with Cottonwood leaders and that eminent domain would be used only as a last resort.

“We haven’t come to an agreement on anything,” Importuna said. “But each side is trying to be as accommodating as possible to each other.”

Whatever happens to Cottonwood’s property, Importuna said, the bill unnecessarily usurps local control.

“This is an attempt by the state to engage in local planning,” Importuna said. “It’s rather specific and ill-formed. . . . Cypress has never abused its eminent domain practice in the history of its development.”

Cottonwood, a mega-church with 4,000 members, has outgrown its 2.4-acre property in neighboring Los Alamitos. Church leaders have spent the last two years buying $13 million worth of land near the Los Alamitos Race Course from six property owners.

In addition to a new 4,700-seat sanctuary, Cottonwood plans to build a youth center, a bookstore and conference facilities on the property.

But Cypress city planners have a different vision for the prime chunk of real estate. They see a town-center style development with restaurants, shops and office space.

To give the city time to develop a comprehensive plan, the council voted to enact a 10 1/2-month moratorium on any new project in the redevelopment zone.

Maddox, a former Garden Grove city councilman, read news accounts of the controversy and then heard from Cottonwood members.

“[Maddox] ended up talking with the [Cottonwood] pastor and said, ‘This is just crazy,’ ” said Mark Reeder, the assemblyman’s chief of staff. “We can’t go around seizing church property.”

Reeder said proposed legislation that attempts to limit the powers of eminent domain have had trouble passing in the Assembly. But this bill has been narrowly focused on a specific exemption for churches to improve its chances.

Last year, Congress enacted legislation designed to ease city restrictions on where religious institutions can build and also to allow them to expand more easily.