Regent fights land swap for airport

Wednesday, Oct. 8, 2003 | 8:57 a.m.

The legal battle between a member of the state Board of Regents and Clark County moved out of the courtroom and into the County Commission chambers Tuesday.

Regent Steve Sisolak and his attorney, Laura FitzSimmons, sharply criticized a land swap proposed between the county's Aviation Department and an owner of about 19 acres a quarter-mile southeast of the intersection of Interstates 215 and 15, just off Las Vegas Boulevard South.

The Aviation Department wants to acquire the land owned by Howard Bulloch and his partner to prevent development that would interfere with operations at nearby McCarran International Airport.

Sisolak owns land next to Bulloch's.

Aviation department officials estimated the value of the swap was $16.5 million, according to an independent appraisal. FitzSimmons, who attacked the appraisal as unrealistic, said the taxpayers would be getting the raw end of what amounted to a sweetheart deal if it is consummated.

"The value simply isn't there," she said. "Why does the public want to buy a piece of land at enormously inflated values?"

If the airport is able to develop the Bulloch property, the value of Sisolak's land would be hurt because the land would not be marketable, FitzSimmons said.

Sisolak, who owns about half that much land abutted on two sides by the Bulloch property, sued and won a $6.5 million judgment in March, arguing that airport height restrictions had damaged the value of his property.

Airport officials are appealing the Sisolak award and similar awards that arose because of the height restrictions on property near the airport.

Aviation Department officials have warned that forcing the airport to pay all commercial land owners for value lost because of height restrictions could cost the county more than $1 billion and drive up the cost of buying a ticket to or from Las Vegas.

FitzSimmons charged that the airport officials were trying to do the swap for "a dog piece of property" for vindictive reasons. She noted that the law firm of Jones Vargas, which represents the Aviation Department, is also representing Bulloch on the land swap.

The land "is my sole asset to support myself and my children," Sisolak told the County Commission.

In exchange for the Bulloch property, the airport would give up five pieces of land, which include a mobile home park, an office building and an apartment complex. Aviation Department Director Randy Walker said the airport is not interested in being the landlord for anyone.

"We don't want to be in the mobile home business," he said. "These are surplus properties."

The mobile home park was acquired when the airport expanded and moved the residents out. The other pieces were acquired in an effort to prevent development incompatible with the airport.

If Bulloch acquires the properties, he would be bound by deed restrictions to block incompatible uses.

The motivation for trying to acquire the Bulloch land is similar, Walker said.

"This is a way for us to get a piece of property that we think will be important for us to control in the long run," he said.

The County Commission, in a 7-0 vote, allowed the county aviation staff to go forward with a notice of intent, which essentially tells the public that the deal is being considered. The action does not seal the deal, however, a point that several commissioners wanted to make very clear.

"I do not feel comfortable with this," Commissioner Yvonne Atkinson Gates said. "I honestly do not see a benefit to the community."

"We just feel a little uncomfortable and a little uncertain with the process," Commission Chairwoman Mary Kincaid-Chauncey agreed.

The commission directed Walker to get another appraisal on the cost of the land. Bulloch, who also attended the meeting, is free to find another buyer for his land unless or until the County Commission authorizes a purchase.

The commission also scheduled a Nov. 18 meeting to examine the second appraisal and consider the land swap.