Council expands eminent domain to homes

Dan Kulin

Wednesday, Jan. 21, 2004 | 11:08 a.m.

The Henderson City Council on Tuesday approved a plan to expand eminent domain powers to homes in the city's downtown despite sharp criticism from some residents. But the real battle could come in the next two months as the council considers zoning changes for parts of downtown.

The top concern expressed by many of the 15 or so residents who spoke during the Tuesday night meeting was whether the changes to the downtown redevelopment plan would mean the city could use eminent domain to force them to sell their homes.

The council voted 4-0 to change the policy in the downtown redevelopment area to allow the city to use eminent domain to force the sale of "abandoned or dilapidated" houses in areas zoned low-density residential. Mayor Jim Gibson did not attend the meeting.

The downtown redevelopment area covers the old downtown, most of it between Van Wagenen Street, Boulder Highway, Lake Mead Parkway and Major Avenue.

Since 1995 some homes in that redevelopment zone had special protection from eminent domain. But city officials and council members said that left Henderson without the power to go after houses that were being neglected and deteriorating the area they hope to revitalize with new commercial development.

In December staff suggested removing the protection altogether, but that was met with strong opposition from residents. The proposed change was amended so eminent domain could only be used against abandoned or dilapidated properties.

Some residents said still they opposed allowing the city to use eminent domain anywhere.

Dennis Walker called eminent domain "un-American."

Walker asked the crowd of about 150 at the Tuesday meeting who opposed the city using eminent domain, and about three-quarters of the people raised their hands.

"You're not going to run us away from our homes," Walker said.

But not everyone agreed.

David Rabinowitz said he supported the newly worded change to the eminent domain policy in the downtown redevelopment area.

"I support it so long as they restrict it to dilapidated properties and go after these slumlords," he said.

Councilman Jack Clark repeatedly told residents that the city would use this change only to go after homes that have been abandoned or are unlivable.

Clark said the city's intent is to use the change to go after property owners who do not take care of their properties and let them become rundown houses that detract from the neighborhood.

"Nobody on this council is going to take somebody's home that they've lived in," he said.

Throughout the city, the council has the power to use eminent domain to force people to sell their properties if it will make way for a project deemed to be of significant public interest, such as a road widening. In designated redevelopment area the city has a little more power and can use eminent domain to force the sale of properties identified as important for the overall public good, which could be a commercial redevelopment project. Any use of eminent domain would have to be approved by the council.

In Henderson only the homes in low-density residential areas have some protection from eminent domain. This means those properties would lose that protection if they were rezoned, which is proposed for 173 such properties downtown.

If the zoning is changed for those properties, most of which are along Basic Road, Wyoming Avenue, Texas Avenue, Utah Way and Idaho Way, they would fall under the less restrictive eminent domain rules in effect for properties zoned for commercial or higher density residential areas.

The city is planning several meetings in the next two months to give the public a chance to weigh in on the proposed rezonings.

The city Planning Commission is scheduled to hear the proposed rezonings Feb. 26, and the council would vote on the rezonings in March and April, Robert Ryan, city Redevelopment Agency director, said.

Councilman Andy Hafen said those proposed rezonings will present tough choices for the council.

"In the next month or two there will be some tough issues to talk about, and I'll probably struggle with that," Hafen said.

Councilman Steve Kirk said he's still not sure whether he'll support the proposed zoning changes.

"I'm not sure about being able to force people to sell their homes for a private development," he said.