Judge denies landowners’ motion in condemnation

Tuesday, March 3, 1998 | 10:11 a.m.

Landowners near McCarran International Airport being forced to sell their land under the rule of eminent domain have a right to bid on the property for purposes of development.

Clark County District Judge Sally Loherer denied a motion by the landowners Monday to reject the county's right to condemn the property and take it over as part of the airport's development plans. However, she also ruled the owners do have the right to make an offer to develop it with a project compatible with the airport.

"To avoid further litigation, the county should let the owners submit offers," Loherer said.

She gave owners 60 days to submit their proposal.

Exercising its right of eminent domain two years ago, the county seized the land to clear a glide path for a new runway.

The property, located on the north side of Tropicana Avenue near Paradise Road, was being used for two seniors-only mobile home parks.

The county has spent $4 million trying to relocate the 270 residents of the park but only about half have been moved to a new location, said Clark County Deputy District Attorney Dale Haley.

Airport officials said the Federal Aviation Authority would not let the land be used for mobile homes because of noise and safety concerns.

Property owners include Richard Worthen, former state Republican Party Chairwoman Marilyn Gubler, Joseph and Margaret Loveless and the heirs of Laws Vegas pioneer businessman Maxwell Kelch.

At the time the right of eminent domain was exercised, the owners agreed to sell. Transfer of ownership of the property has not been finalized, however, because the District Court has yet to decide the value of the 30 acres.

Attorney Terry Coffing, representing one of the landowners, says the property value should be based on the land's value as a potential site for a hotel-casino.

The county, on the other hand, says the value should be based on the assumption that the land "is not suitable for any significant development."

Coffing, in his petition to have the right of eminent domain dismissed, said he and his clients learned in a newspaper article last month that the county, after condemning the 30 acres, was considering a proposal to lease the land to the J.A. Tiberti Co. for development into a hotel and golf course.

The project, estimated at $90 million, would include a golf course near an adjacent 40-acre driving range, a 750-room time-share condominium and convention center and a 300-room limited-service hotel, according to Tito Tiberti, owner of the development company.

Aviation Director Randy Walker said Monday there was nothing underhanded about the deal and that the county was simply trying to re-coup some of the money it was spending on relocating the mobile home park residents.

Walker said all but about 10 of the 30 acres would have to be grass because of the landing strip, but the 10 acres located on the northern and western edges of the property could be used for other things, such as condominiums.

Coffing said the landowners were upset that they had not been given the chance make a proposal to develop the land.

Haley said he would not object to the landowners making an offer.

"There is no agreement to do anything (with the land) at this point," he said.

Haley said the county only wants to regain some of the money it has spent. "We want to control the use, consistent with FAA guidelines ... we don't want the property."

Coffing said the county didn't have to condemn the land.

"They could have come to us. We didn't have to find out about it in the newspaper," he said.

Attorney Vaughn Gourley, representing Worthen, noted that his client's five acres was within the 10 acres suitable for some kind of development involving permanent structures.

"His five acres didn't have to be condemned," Gourley said.