Council Allows City to Use Eminent Domain As Negotation Tool

An unlikely alliance was created Wednesday night during the city council's vote to allow the city to use eminent domain as a negotiating tool to buy park land in the Southwest area of town.

In a 5-4 vote, with Fourth Ward Councilman Tim Occhipinti swinging the vote and joining the council majority, the council allowed the mayor to—if it becomes necessary—use eminent domain to acquire park land.

If the council approved the potential of use of eminent domain, the mayor promised she'd ask the county to a park in the Southwest.

Around 2 p.m on Thursday afternoon, City Spokesman Juan Melli said the mayor was finalizing the paper work to put in the request.

The issue, however, divided the city council, albeit not along its usual lines.

Newly elected Sixth Ward Councilwoman Jennifer Giattino voted against the resolution. This was the first time in three meetings that she didn't vote with the majority.

Occhipinti, usually a critic of the administration, supported the mayor on this. When asked when he decided how he would vote, Occhipinti said "about 30 seconds before my name was called."

Third Ward Councilman Michael Russo, who voted against the possible use of eminent domain, said he felt "pigeonholed."

"Guess what," responded Council President Ravi Bhalla, "you are pigeonholed." Bhalla also addressed Occhipinti,

"What we have here is a councilman who tried to call the mayor to the mat and say 'I want these $3 million to be used for the Southwest because im a big park advocate,'" Bhalla said. "Don’t just talk the talk. Walk the walk. Give her the tools necessary."

Although the project isn't the most "shovel ready" project in town, those who voted in favor of using eminent domain said they view a park in the Southwest area of town as a priority.

"The Southwest is where people have the most skin in the game," Mello said.

Technically, the passing of this resolution doesn't mean the city will end up using eminent domain. It means that the city council allows this administration to use eminent domain, if it can't come to an agreement when acquiring park land in the Fourth Ward. Before eminent domain can be used, the council will have to vote again, Occhipinti said.

Other council members simply disagreed with the option of eminent domain altogether.

"This is a very sneaky underhanded tactic that you’re using to grab this land from people," said First Ward Councilwoman Theresa Castellano.

If all goes according to plan, the $3 million in grant funding will be reprogrammed to buy land in the Fourth Ward. The city has one year to do so, or it risks losing the funding.

When asked if the city would be able to pull it off within the year, Occhipinti and Mello—standing side by side after the meeting—said they couldn't predict that.

"You can't force that," Occhipinti said.