<strong>Public</strong> <strong>Power</strong>, <strong>Private</strong> <strong>Gain</strong>Costco produces tax revenue; churches do not.Thus, according to Cypress, it is in the publicinterest to take the property for Costco.effort to explain the moratorium, other than as a means to control the future use of the Cottonwood site. Apolitical uproar erupted, in which the City portrayed the church as a sinister entity trying to deprive Cypressof its right to convenient shopping while creating the “blight” and “public nuisance” of a religious center. 54On May 28, 2002, the City Council voted unanimously to condemn Cottonwood’s land. <strong>The</strong> CottonwoodChristian Center sought an injunction in federal court to prevent the condemnation from going forward. 55<strong>The</strong> injunction was granted on August 6, 2002. 56 Cypress appealed. Update: In February 2003,Cottonwood agreed to swap its land for another site nearby. 57East Palo AltoIn February 2000, East Palo Alto condemned 83 properties through eminent domain, as part of its plan toredevelop “Whiskey Gulch,” the town’s primary commercial district. <strong>The</strong> private developer behind the project,University Circle Partners, paid for the businesses’ relocation and related costs, and has plans to developa 22-acre, $170 million office/hotel/retail complex on the site. 58 As of early 2002, three office buildingshave been built on the site, and by the end of the year ground will be broken on a 200-room FourSeasons Hotel. 59Among the businesses displaced by the development were a hardware store, a wig shop, a hair salon and severalliquor stores, many of which had been located in Whiskey Gulch for decades. When faced with theprospect of finding scarce new commercial space in a market where rents were usually twice what they paidin Whiskey Gulch, some businesses simply closed their doors. 60 However, one enterprising barber shopowner came up with a unique solution to the problem of his skyrocketing rent: he used the money paid to himby the developer to purchase a Winnebago, in which he has established a successful mobile hair cuttery. 61Garden GroveOver the past five years, Garden Grove has gone on an eminent domain rampage as it tries to turn HarborBoulevard into a hotel corridor. In 1998, the City condemned several properties so that a private developer couldbuild a Hampton Inn. <strong>The</strong> project primarily displaced lower income residents and visitors. It destroyed three lowcosthotels, a mobile-home park occupied by fixed-income senior citizens, and the Sage Park Apartments, whichconsisted of 96 units that rented mainly to maids and busboys employed by the razed hotels. 6254 Steven Greenhut, “Freedom at Issue; Church vs. State; Cottonwood Christian Center Battles Cypress for the Right toBuild on its Own Property,” <strong>The</strong> Orange County Register, Jan. 27, 2002.55 Paige Austin, “Cypress Invokes Eminent Domain to Seize Church Land; Development: Cottonwood Center Will Seekan Injunction to Stop the Forced $14.6 Million Sale Meant to Make Way for a Costco Center,” <strong>The</strong> Orange CountyRegister, May 29, 2002.56 See Cottonwood Christian Center v. Cypress Redevelopment Agency, 218 F. Supp. 2d 1203 (C.D. Cal. 2002).57 “Cypress City Council Approves Land Swap Ending Dispute with Church,” AP Wire, Feb. 25, 2003.58 Thaai Walker, “Closed for Business; Redevelopment in East Palo Alto Displaces 83 Stores,” San Jose Mercury News, Feb. 21, 2000, at 1B.59 Karen Alexander, “Jobs, Congestion at Issue; As Economic Development Slowly Comes to East Palo Alto, <strong>The</strong>re isStill Controversy When a Big-Box Store Wants to Take Root,” Los Angeles Times, Jan. 14, 2002, at Cal. Metro 5.60 Thaai Walker, “Closed for Business; Redevelopment in East Palo Alto Displaces 83 Stores,” San Jose Mercury News,Feb. 21, 2000 at 1B.61 K. Oanh Ha, “Forced to Move, Shop is in Winnebago,” San Jose Mercury News, Jan. 18, 2002, at 1C.62 Nick Schou, “More Freebies for the Rich,” OC Weekly, June 29, 2001, at News 12.California29
<strong>Public</strong> <strong>Power</strong>, <strong>Private</strong> <strong>Gain</strong>Garden GroveIn July 2001, the Garden Grove City Council approved two new hotel projectsalong Harbor Boulevard, with at least $4.2 million in public financialassistance, for McWhinney/Stonebridge Corp., a Colorado-based developmentgroup that previously received tens of millions of dollars in assistancefor building other hotels in Garden Grove. For one of these new hoteldevelopments, the City has threatened to condemn 11 homes and 14 businessesunless the targeted owners agree to sell at the City’s prices. <strong>The</strong>City has already bought three other homes standing in the way of the hotel,and now is using heavy-handed tactics to force the other owners out.Assistant City Manager Matt Fertal takes an especially dim view of the rightof property owners along Harbor to use the free market to determine whatprice developers should pay to take their land from them. According toFertal, “[Owners] think that just because they’re on Harbor and hotels arecoming, that it increases the value of their property, but it doesn’t.Commercial [developers] only care about the cost of the dirt on the land.We’re offering to pay for the structure at the appraised value and theland.” 63 In other words, the rightful owners don’t deserve to profit fromtheir investment; instead, any profit will go to the City’s favored corporatedevelopers. And for the people who actually want to keep their homes orbusinesses, at least one city leader couldn’t care less.Garden GroveUntil outraged local residents mobilized in opposition, Garden Grove officialswere pushing hard to implement yet another redevelopment plan. This onewould have turned 264 acres of land in this densely populated city into atheme park. Garden Grove has recently undertaken a number of objectionableredevelopment schemes utilizing eminent domain (see above) thathave made the City one of the most land-grabbing in the nation. During aperiod of less than one year between 2000 and 2001 alone, the City paidout nearly $3 million to property owners who sued the City over its condemnationtactics. <strong>The</strong> theme park proposal, however, had even the mostardent pro-development locals scratching their heads. More than 470homes, as well as 300 mobile homes and dozens of apartments, were slatedfor condemnation. But following September 11, 2001, the tourist industryhas been in a nationwide slump, making the construction of anothertheme park in theme park-heavy northern Orange County an extremely riskyproposition for potential investors. 64Seven hundred angry residents packed a public hearing on the matter,expressing near-unanimous opposition to the idea of their homes being takenin favor of a third-rate Disneyland. Apparently this outcry resonated with theCity Council, which at its July 2002 meeting voted unanimously in favor of a63 Katherine Nguyen, “Selling—If the Price Is Right; Cities—As Garden Grove SeeksProperty on Harbor for New Hotels, Some Owners Feel Exploited by Offers Basedon Land Value,” <strong>The</strong> Orange County Register, July 25, 2002.64 “Garden Grove Bulldozers,” <strong>The</strong> Orange County Register, Apr. 16, 2002.Huntington BeachFinds thatRedevelopment IsBest AchievedWithout EminentDomain<strong>The</strong> City of HuntingtonBeach has had a poor historywith regard to eminent domainabuse. In the 1980s, this bluecollarbeach community undertooka series of redevelopmentprojects that dramaticallychanged large parts of a citythat had once been composedmostly of small beach bungalows,oil fields, tract homes andfunky surf shops. Those buildingsthat had once definedHuntington Beach’s characterwere gradually replaced by sterilehigh-rises made of stucco, asCity officials tried to lure bigdevelopers with lavish publicsubsidies and condemnationsthat shut down the local businessesthat once gave the cityits unique character. However,many of these redevelopmentsfailed. Other cities such asNewport Beach that did notestablish redevelopment zonesgrew economically at rates thatfar outpaced HuntingtonBeach. 1When the City proposed anidea in the late 1990s to condemnthe Huntington BeachMall and turn it over to privatedevelopers, discount retailersMontgomery Ward andBurlington Coat Factory, whichowned stores at the mall, promisedto fight any attempt to taketheir property and hand it over30
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