Council OKs condemnation of home.

Byline: JOE MOSLEY The Register-Guard

Eugene city councilors bent over backward Monday night, promising that the city will do right by a man whose house may be taken from him to allow for expansion of Public Works Department facilities on Roosevelt Boulevard.

"This doesn't cause condemnation," Councilor David Kelly said just before a 5-3 vote to seek court authority for taking the man's home after paying him its fair market value. "It only initiates a process that may lead to condemnation. It is my hope that action may lead the homeowner to negotiate."

The city has been buying land surrounding its public works complex for years, and councilors directed staff several months ago to proceed with plans for a new building at the site to house police forensics and evidence-storage facilities. Both currently are located in the basement of an overcrowded City Hall.

But the holdout homeowner, after a half-year of off-and-on talks about a potential sale, has in recent months refused to communicate further with city staff. Nor could he be reached for comment by The Register-Guard.

Complicating matters is the fact that Lane County has filed to foreclose on the property for the owner's failure to pay between $5,000 and $6,000 in back property taxes. Even if the man is able to prevent the city's purchase plans, the county could seize the home and property - with no compensation to its owner - after a two-year "redemption" period expires next September.

All of which led Councilor Bonny Bettman to ask Monday if condemnation proceedings might push the man "over the edge," and whether he may ultimately have to be removed from the home by force.

And that led Acting City Manager Jim Carlson to clarify the city's role in the matter.

"I don't think we're psychologically qualified to make a guess on his behavior," Carlson said.

What the city - or any other government jurisdiction - can do is buy property deemed critical to its needs, so long as it pays what a court decides is fair market value. In the case of displaced homeowners, Oregon law also requires that housing "comparable to or better than" the seized home is made available to the owner.

City staff estimates the home is worth about $65,000.

Seeking to make the city's intentions absolutely clear, Kelly proposed a motion before the condemnation vote that affirms the city will fulfill "just compensation" requirements of the Oregon Constitution as well as relocation guidelines under state law.

"If there is no comparable or better replacement housing available to the homeowner at the price paid to him as just compensation, the city will comply with the Oregon Relocation Payments Act by providing additional funding for the homeowner's purchase of comparable or better housing, which could include moving his existing residence to a new property," said Kelly's motion, which was approved on a 7-1 vote.

But a minority of councilors still didn't feel right about the action. Gary Rayor voted against Kelly's motion, then was joined by Bettman and Betty Taylor in voting against the condemnation move.

"I am very reluctant, and I don't think I can vote to evict someone you can't even negotiate with," Taylor said.

"I think in a situation like this, we have to exhaust every other choice before taking such precipitous action," Bettman added.

But Councilor Pat Farr said the city has exhausted all of its options, and he voted in favor of proceeding, "loath as I am to move forward with condemnation at any time."