City exercises eminent domain for bike trail
By Jesse Phelps

Citizens wonder whether extending the Ojai Valley Trail is a good enough reason to go to court for eminent domain proceedings.
For the first time in recent memory, the city of Ojai plans to exercise its power of eminent domain.

Not in more than 20 years has the city found cause to take possession of privately owned land without the consent of its owner. But on at its regular meeting Tuesday night, above protestations from owner Denise Wizman, the Ojai City Council unanimously agreed to do just that.

The city plans to use the land in question, a 10-foot-wide strip on a lot between Fox and Bryant streets, for the already well-publicized Ojai Valley Trail extension.

In 1998, the city adopted the Bicycle and Pedestrian Master Plan, which holds as a priority extending the trail as far as Soule Park to the east. The city has since secured $216,000 in grant funding for the project, according to City Manager Dan Singer, all of which is time sensitive.

But Wizman has staunchly refused to sell, citing alternately plans for a senior housing development or her desire to keep the land in her family.

In any eminent domain proceeding, the government is obligated to pay "fair market value" to the property owner. As appraisals can vary considerably, oftentimes the current owner will elect to try the court system to get a better price. Wizman said she can't accept the "low-ball" offers she's received at this point from the city, so that's what she'll do. So far, the city has offered less than $4 per square foot, based on two separate appraisals. The total offered sum is $39,100 for a strip of land more than 1,100 feet in length. he city estimates the total area of land it wishes to purchase at 10,465 square feet.

Several letters between the two parties show a drastic difference of opinion on value. In addition, Wizman, who already has given up multiple sections of property for various city projects, including the proposed Fulton Street extension, said she feels she's being specifically targeted. "We may have to go to court," she told the council. "This could get very expensive for both of us."

Wizman would not disclose what she paid for the property, which she acquired from the Union Pacific Railroad several years ago. The railroad had been in negotiations with the city but eventually sold to Wizman.

Council members said they feel Wizman is overlooking potential benefits from the trail. Councilwoman Rae Hanstad asked if Wizman had considered the potential upturn in the property's value from a picturesque bike trail. The currently a vacant lot stands adjacent to industrial buildings.

Mayor Pro-Tem Sue Horgan agreed with Hanstad's point, saying she'd given serious consideration to the entire matter. "I'm an advocate for private property rights," she said, "But I believe this project is a necessity and a priority."

Several members of the council also pointed out that Wizman bought the property with full knowledge of the city's plans.

Citizens were split on the issue. One onlooker, who preferred not be identified, said that she's very interested in the proceedings because the city may be setting a dangerous precedent. Speaker Bill Miley, who has actively participated in trail extension meetings, sided with the city. "Eminent domain is a new one for the city," he said, "But good work has been done."

Nobody working for the city could confirm a date of the last eminent domain proceedings but word is that the bike trail was similarly responsible for them.

The last time the city entered into an eminent domain action, part of Libbey Park was annexed to provide for the trail, according to former city attorney Phillip Drescher.

Meanwhile, Wizman said she'll fight it out to keep the land in question. "I love that property," said Wizman. "I intend to keep it for my family for many years to come."

© 2003 The Ojai Valley News

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