L.A. Won’t Share Assets With Valley City, Lawyers Say

Los Angeles cannot be forced to give parks, libraries or other public property to a new San Fernando Valley city if voters approve secession, according to an opinion released Tuesday by city lawyers.

Proponents of Valley cityhood have called for an “equitable share” of Los Angeles assets. They plan to release their own legal opinion arguing the point today.

The proposed asset split is one of the most contentious issues in the secession debate. Mayor James K. Hahn has suggested that the city might demand payment for any property transferred to a new Valley city.

On Tuesday, City Atty. Rocky Delgadillo buttressed Hahn’s case. Delgadillo found that the Local Agency Formation Commission, which is drafting a secession ballot measure, has no power to take property from Los Angeles “without the city’s consent or payment of just compensation.”

The City Council voted unanimously to send Delgadillo’s opinion to LAFCO.

LAFCO enraged secession advocates last month by releasing a Valley cityhood plan that called for no transfer of assets other than streets.

Clark Alsop, an attorney for the Valley VOTE secession group, said LAFCO would be well within its rights to require Los Angeles to transfer assets without compensation.

City lawyers are “making entirely too much of the concept of eminent domain, where you’re taking property without just compensation,” Alsop said.

But Frederick N. Merkin, senior counsel to Delgadillo, told the City Council that LAFCO’s power to order Los Angeles to give up assets without the city’s consent was “open to serious question.”

Councilman Hal Bernson of Granada Hills said Los Angeles should negotiate an asset split rather than taking a hard-line position.

“There is nothing to be gained by a controversial separation,” he said. “Any controversy that takes place before the vote simply aids the side of the secessionists.”

He also said the matter would ultimately be settled in court.

Councilman Nate Holden denied the city was creating controversy.

“If it goes to litigation, fine,” Holden said. “I think that’s the proper place for it to be settled.”