South Eugene residents plead for city to take land.

Byline: Edward Russo The Register-Guard

A pitched debate over whether Eugene should use eminent domain to acquire 65 acres near the Amazon Creek headwaters took place before the City Council on Monday night.

South Eugene residents who live near the properties urged the council to use eminent domain to get the two hilly, stream-crossed, forested parcels so they will not be developed with houses.

The properties in question are owned by Martin and Leslie Beverly, who have tried to put houses on 26 acres near West Amazon Drive and Martin Street, and Joe Green, an Aurora-based developer, with plans for houses on 39 acres between Dillard Road and Nectar Way. Both developers have been unable to get city permission to build on the parcels.

More than 40 residents asked the council to buy the properties - even if it requires forcing a sale through the courts via eminent domain.

Residents, many of them wearing yellow arm bands, said the parcels provide homes to rare plants and animals and old trees, so they should be preserved in their natural states to protect the environment, including the water quality of Amazon Creek.

"The choice today is between preserving vital forest land or allowing environmental destruction for the sake of a few large homes," resident Mark Turner said.

But representatives and supporters of Green's project said the city should not take the drastic step of using eminent domain to buy the properties.

Green's proposed housing development would set aside 20 acres to preserve natural areas and be environmentally responsible, they said.

Nancy Holzhauser, an environmental consultant to Green, said the proposed housing development is an example of a plan that meets building requirements while "avoiding unnecessary disruption or removal of attractive natural features and vegetation."

"The majority of the preserved open space provides a contiguous habitat corridor for wildlife, including those species that have a state-sensitive listing, such as the pileated woodpecker, red-legged frog, olive-sided flycatcher and Pacific western big-eared bat," she said.

No one spoke on behalf of the Beverlys, who have been trying to develop their land for the past nine years. Green has been trying to develop his land for three years.

A couple of residents spoke against the city using eminent domain.

Dennis Casady said Eugene will continue to grow, and that it's better to build houses in the hills than on flat farmland. City acquisition of the properties means more land will be taken off the tax rolls, he said, making it more difficult to fix pot holes in city streets and to pay for law enforcement and other services.

"This only places a larger tax burden on the rest of us for street repair, parks maintenance and public safety," Casady said.

The debate featured geologists on both sides debating whether the hilly areas are prone to landslides.

Other residents asked city councilors to preserve the land as a way to deal with global warming. "The city's development decisions must contribute to the reversal of such alarming global trends," Ken Neubeck said.

It's unclear how much Eugene would have to pay to acquire the properties.

Three years ago, the Beverlys put their land on the market for $1.8 million.

Also that year, Green bought his 39 acres for $325,000. When the city tried to buy it, he asked for $600,000, which the city rejected as too expensive.

In a report to councilors, the city staff said it's unknown how much the city would have to pay. However, the ultimate value could be determined by the properties' development potential, according to Johnny Medlin, the city's parks and open space director, which most likely falls somewhere between $1 million and $14 million.

The City Council on June 23 is scheduled to vote on whether to proceed with eminent domain. The decision could be close.

Last month, the council deadlocked on whether to have the public hearing on the matter with Mayor Kitty Piercy breaking a tie in favor of the hearing.