Transit district moves to condemn church property

By: PAUL SISSON - Staff Writer | Sunday, December 21, 2003 9:58 PM PST ∞

SAN MARCOS ---- Private property rights meet public purpose in the parking lot of the Crosswind Christian Church on Barham Drive.

Last week, the North County Transit District adopted a "resolution of necessity" declaring that a 1,174-foot concrete bridge that would be built over the church's property serves the public interest and is necessary to complete the San Marcos loop of the Sprinter light-rail project.

The resolution, which passed on an 8-1 vote, allows the district to condemn the church property through its eminent-domain powers.

The condemnation process will bring both the church and the district together under an independent arbitrator who would determine whether the district's offer to purchase the property is a fair price and that the church property is indeed necessary to complete the Sprinter loop.

Jim Cunningham, the transit district's property manager, said he is not sure when the district's lawyer will file the necessary paperwork to begin condemnation proceedings against Crosswind Christian Church, located at 558 Barham Drive near Highway 768 in San Marcos.

Pastor Gary West said the church has resigned itself to having a railroad bridge over its property, but that it does not believe the price the district offered is fair.

"In our opinion it was a pittance for the actual damage to the value of our property," West said.

Both parties declined to release the amount of the district's offer. Because the figure is still under negotiation, it is not a matter of public record.

At last week's meeting, Cunningham told the transit board that building the bridge over the church's parking lot is necessary to accomplish the larger goal of taking the railroad tracks over Barham Drive and State Highway 78 before dropping down to reconnect with the city's existing freight tracks on the other side.

There will be only two concrete pilings actually touching the church's parking lot with the bridge itself about 40 feet overhead.

"They will only lose two parking spaces from the easement," Cunningham said.

The transit district hired an appraiser to determine the fair market value of the narrow strip of land and hired a second appraiser to review the work of the first.

Cunningham said the district used the appraisal to determine its offer to buy the land from Crosswind Christian Church, but, thus far, the offer has been declined.

West rejected the appraisal, saying it compensated the church only for the value of the small piece of ground that the railroad bridge will pass over. However, he said the addition of a railroad bridge to Crosswind's eight-acre parcel will devalue the entire property, not just the ground it passes over.

"We are told that the highest and best use of the land is homes, but who would want to build homes right next to a railroad?" West said.

Lee Thibadeau, a San Marcos city councilman and member of the NCTD board of directors, was the lone no vote on last week's resolution of necessity.

Thibadeau said he agrees with West that the district lowballed its offer.

"If you look at their reasoning, they're wrong. I just had a problem because they didn't use any real justification. I just didn't agree with their findings," Thibadeau said.

Contact staff writer Paul Sisson at (760) 901-4087 or psisson@nctimes.com