Fairview Park officials have not yet reached an agreement to purchase a local trailer park, pictured above. The city needs the property to build a new recreation center. (Photo by Larry Bennet)

Eminent domain ordinances introduced
By Kevin Kelley
Fairview Park
Published May 4, 2005

Although city officials announced in early February a tentative agreement had been reached with the owner of a trailer park, the two sides have not closed a deal by which the city would acquire the property. At its regular meeting Monday evening, City Council introduced two ordinances through which the city could pursue the land through eminent domain.

The city needs the property to build a new recreation center, a key part of the $50 million Gemini Project approved by voters in February.

Although city and Gemini officials never strictly ruled out using eminent domain, they consistently expressed a clear preference for reaching an agreement to buy the property.

One ordinance placed on first reading Monday night authorizes city officials to go to court to obtain the property. The second authorizes the mayor to hire the law firm of Mansour, Gavin, Gerlack and Manos to assist the city with any eminent domain proceedings. The ordinance sets the fees for the firm's services with a cap of $50,000 without further approval of city council.

Usually three readings of an ordinance take place before a vote is taken. Ordinances do not necessarily proceed through three readings in three consecutive council meetings.

Despite the introduction of the ordinances, Mayor Eileen Patton said the city was still in negotiations with the property owner and hoped to avoid eminent domain proceedings.

"It's just procedural," she said of the ordinances.

"That's the last thing we want to do is go to court over eminent domain," she added.

The mayor said even if the city had to acquire the property through eminent domain, that would not delay the construction of the recreation center.

Ward 3 Councilman Fred Gauthier also expressed hope a negotiated purchase of the property would be achieved.

"Usually reaching an agreement like that is to the benefit of all involved," he said.

The trailer park's owner, Elias Kafantaris, could not be reached for comment by press time.