County backs plan to buy out Rhodes

Judy Odierna

Wednesday, May 7, 2003 | 9:16 a.m.

Clark County commissioners backed a plan Tuesday to put the 2,400 acres encompassing the James Hardie Gypsum Mine under public control, protecting the parcel surrounded on three sides by Red Rock Canyon National Conservation Area from development.

The commission approved 6-0 Tuesday a resolution that backs a plan to acquire the mine using federal money. Commissioner Rory Reid abstained.

The resolution supports a proposal by Sens. Harry Reid, D-Nev., and John Ensign, R-Nev., to use money set aside to buy environmentally sensitive land through the Southern Nevada Public Lands Act to purchase the property and turn it over to the Bureau of Land Management. Reid and Ensign planned to submit legislation to Congress for the purchase.

"This is long overdue," Commission Chairwoman Mary Kincaid-Chauncey said. "I'm glad the senators got involved."

Kincaid-Chauncey asked whether the land could be obtained through eminent domain, which allows a government agency to take private property for public use, but she was informed that the land could not be acquired that way. The land must be acquired through an agreement with a willing buyer and a willing seller.

Representatives for developer Jim Rhodes, who purchased the land for $54 million, said he would listen to any offer, but none has been presented yet. However, his representatives also have said Rhodes would prefer a land swap to a purchase.

"At this point no proposal has ever been submitted to us," said Dean Walker, director of land development for Rhodes Homes. "His first choice is to actually build a community up there. That's his first and foremost choice, but he would be willing to listen to any offer."

"This resolution is wonderful to protect not only Red Rock but (other areas)," said Jane Feldman, of the Southern Nevada arm of the Sierra Club.

The County Commission still is scheduled to take action on an ordinance that would create a Red Rock Overlay on about 43,500 acres from State Route 159, the northern entrance to Red Rock, to State Route 160, the southern entrance. That overlay would include the mine property, according to Alan Pinkerton, assistant director of comprehensive planning.

Rhodes sued to prevent Commissioner Mark James from proposing the ordinance last month, but a district judge ruled it was premature for the court to intervene.

The commission will hold a public hearing on the ordinance May 21.