Posted on 06/25/2005 5:38:13 PM PDT by BenLurkin
PALMDALE - The ink was hardly dry on Wednesday's 5-4 Supreme Court decision widening community powers of eminent domain when Mayor Jim Ledford and the City Council found themselves confronted over the site where construction has begun for a new Valley hospital. Council members will meet Monday night in closed session to discuss a threatened eminent-domain action brought by the Antelope Valley Healthcare District to seize a 30-acre parcel southeast of Palmdale Boulevard and Tierra Subida where a private hospital would be built by Universal Health Services of Pennsylvania. Palmdale and the city's Community Redevelopment Agency share a stake in that property.
The district "made some sort of an offer" to Palmdale in an attempt to acquire the land in question, said Michael Adams, the city's housing manager.
"About two weeks ago, Antelope Valley Healthcare made an offer of $9.3 million" to Palmdale, said Jackie Weder, a spokeswoman for Antelope Valley Hospital. "We are now waiting to hear from the city of Palmdale (as) to what the answer is."
Weder referred to eminent domain as "a discussion alternative. It's not something we're doing at this point. It's an option. No decision has been made."
Weder said once the health-care district hears Palmdale's response, then they'll "take it from there and see what (their) next steps will be."
Adams said the offer is a legal formality that must be carried out prior to instituting an eminent-domain action. It's supposed to be a "good faith attempt to acquire the property under regular negotiations."
"The staff does not believe it is a valid offer," said assistant city manager Carol Seidl.
Adams confirmed the health-care district's offer amounts to $9.3 million, an amount cited in a letter by hospital CEO Les Wong to AV Hospital employees.
On Friday morning, Ledford said the city has invested "a sizable amount of money" in the site - $13.5 million.
In a letter to Antelope Valley Healthcare District employees on June 16 - two weeks after ground was broken for the UHS hospital - AV Hospital CEO Les Wong wrote, "There is a fundamental difference between the goals of UHS and AVHD.
"As you know, AVHD works to serve all of our Valley residents. We have a moral obligation to provide health care to all the residents of this Valley."
In the letter, posed in question-and-answer format, the question was posed, "How can the district afford to pay $9.3 million for land in the midst of service cutbacks and layoffs?"
The answer given in the letter was, "The money that is being used to purchase the land can only be used for 'bricks and mortar' and not for salaries or services. However, this money will eventually translate into more jobs and services as we staff the new hospital."
The letter from Wong said, "As you may be aware, the district is moving forward with plans to build a new hospital on the west side of Palmdale in the very near future."
Approval of plans for hospital construction typically takes a number of years and requires various levels of state review and approval. Such plans have yet to be prepared or submitted by the AV Healthcare District.
According to UHS officials, processes to get the Palmdale UHS facility approved took nearly five years, and a new entity would have to undergo a similar process.
Wong's letter posed the question, "If this is a loan, how is the district going to pay for it?"
The answer in the letter was, "We believe that adding the new hospital will make our health care delivery system more efficient and enable us to expand revenue generating specialty health-care services while continuing to provide quality services to all Antelope Valley residents."
Palmdale city officials proceeded with a groundbreaking at the hospital site on June 2; construction is currently under way on infrastructure including installing utility lines and roadway grading, Adams said.
"At this point, the city is operating under the assumption that we are building the hospital with Universal Health Services," Adams said.
Not only do city officials consider the offer from the health-care district "wholly inadequate," but they think the action "may cause the loss of, or a substantial delay in, a new hospital facility in Palmdale," resulting in detrimental health and safety consequences for all south Antelope Valley residents.
Potential litigation by the health-care district "threatens to compromise Palmdale Housing Authority funding, impair contracts by both the city and CRA and adversely affect multiple bond repayments," city officials contend.
Ledford said the action certainly poses a threat.
"When there's a threat, the attorneys are going to engage and cover every angle. Bottom line: I believe Antelope Valley residents are owed a plan," the mayor said. "What's the plan here?"
Ledford said the move by the health-care district has plunged the hospital project into uncertainty and mixed emotions.
They're "holding the patrons of the system hostage. That's not right," the mayor said. "The public is really the missing element here."
Ledford accused the health-care district of moving forward without seeking public input.
Weder said once the health-care district hears Palmdale's response, then they'll "take it from there and see what (their) next steps will be."
Cold blooded. This will really screw things up. Thanks Supreme Soviet!
T'was something I read in the past 24 hours. Will continue to
search for the source. Meanwhile, mea culpa for not having
the source reference handy.
I live just north of Palmdale and have been following this for months. It is much, much worse than any of you think. The Antelope Valley Healthcare District (AKA the Markist Government Entity) already owns land in Palmdale on which they, for the past 10 or 15 years have been promising to build a hospital. Enter UHS, a private health care organization. They buy land, obtain permits and actually break ground on their hospital. The Marxist Government Entity doesn't want or need the property, they just don't want competition from a private comercial hospital so they file an eminent domain action to seize the property so UHS can't build their hospital.
In truth, this looks to be a situation where two different government agencies exercising the power of eminent domain may well be in competition with each other.
Does anyone have any idea who runs the government in California these days?
Have the cops been notified?
Is there a difference?
Actually, if you get the county involved you don't need SCOTUS to supply authorization for a "taking" The county of Los Angeles is quite competent at that already. By the way, not much dirt out here, just sand and Joshua trees - and snakes of all kinds.
NO. You were right the first time.
OK, I wonder what the Communist Mayors Council that came out praising the SCOTUS action to the skies, will have to say when larger (state) agencies begin stuffing their own medicine down their throat? Or better yet when the Fedguv does it?
Religious Institutions Have a New Weapon in Land Use Disputes
No government shall "impose or implement" a "land use regulation" that places a "substantial burden on religious exercise" of a person or assembly of people unless the government demonstrates that imposing that burden furthers "a compelling governmental interest" and is the "least restrictive means of furthering that governmental interest."
that definition plus the new ruling adds up to increased tax revenue being a "compelling givernmental interest"
...but yes, it would be interesting to see if that law has any effect regarding a constitutional ruling on private property and eminent domain
Won't happen every politician is drunk with power.
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