The city's
approach is unusual and time-consuming, said St. Augustine attorney
Sid Ansbacher, chairman of the Florida Bar Association's
environmental and land use law section, who has handled property
cases for 16 years, including a fight against Delaney's ill-fated
idea for a Metropolitan Park amphitheater. Without money,
negotiations can prove difficult. At the same time, the city can end
up with a much less expensive project because it's not buying land,
he said.
"Typically, you would expect you would be paying for land,
particularly when you're talking about giving up land that's along
the water's edge," Ansbacher said.
City Hall decided it didn't want to pay for the deals, because of
riverfront land's expensive price tag, Delaney said. That meant
shelving the city's power of eminent domain, which allows government
to take property but can be costly. In those cases, the city must
pay for the value of land plus the owner's related costs, such as
surveying.
Delaney said the Riverwalk will make owners' land more valuable
because of how the project will show off the river and center of the
city. But not everybody is hooked.
For the Gefen property on Riverside Avenue south of Dora Street,
valued at $832,000 by the county property appraiser, negotiations
are stale. The land is vacant after a small shed burned down years
ago. Sid Gefen, whose wife is listed as the landowner, said he's
willing to deal with the city, but no talks have taken place. The
city's expectation of a free easement may be an issue, based on
Gefen's statements.
"Let me ask you this: If you cut the end of your tie off, what's
the tie worth? Is that simple enough?" said Gefen, adding the land
has been owned by the family for 50 years.
Delaney and city officials said attempts to strike a deal
essentially have gone nowhere. So the city has made easements for
other properties a higher priority, city officials said. In fact,
Delaney said the city is prepared to run the Riverwalk up to
Riverside Avenue and back around the Gefen property.
Intricate deals
Meanwhile, the city and property owners also have negotiated over
owners' liability for accidents along their property and lost
parking areas.
The talks haved up numerous issues. For example, the owner
of two lots, the Woolverton Trust, wants to review the finished deal
for a neighboring lot owned by DMH Enterprises, according to the
city. But the city still is trying to finish a deal with DMH
Enterprises, so neither property has a deal. Calls to both owners
weren't returned.
The Florida Times-Union's land issues appear closer to
resolution. City and company officials said an agreement should be
done soon after minor changes.
By the design of the Riverwalk, the Times-Union stands to lose 60
parking spaces and space for a helicopter landing spot. Meanwhile,
the newspaper also was concerned about security and liability along
its property, General Manager Robert Martin said.
The city has agreed to pay about $200,000 to build a new parking
lot on the north side of the property. Replacing parking is normal
in these cases, city project manager Ed Hall said. The Riverwalk
also will be designed to go around the helicopter pad. Meanwhile, a
fence will be erected between the Riverwalk and the newspaper
property, with gated access for Times-Union employees.
The YMCA, which also owns Riverside land, supports the project
but is awaiting a finished deal, said Paul McEntire, chief operating
officer.
Security will be an issue, but probably down the road, he said.
'A great project'
While easement negotiations progress, City Hall is relying on
private developers to build the Riverwalk from The Jacksonville
Landing to Metropolitan Park.
East of the Landing, private developers of Berkman Plaza, an
apartment and condominium high-rise, and the Shipyards, an office
and residential project, will construct the Riverwalk as part of
agreements with City Hall.
TriLegacy, which is creating the Shipyards, has until the end of
2004 to complete a 16.8-acre park that will include the Riverwalk.
But Delaney and company officials said the Riverwalk there could be
done sooner, probably in 18 months to two years. If not, the
completed path could be almost three years from being done.
"It's confusing and confounding. ... Sometimes we [city and
property owners] both have lawyers pointing at the other side. I
think it's going to be a great project. I think it's going to be a
wonderful project," Delaney said.
The project's completion is especially important to Riverside
Avondale Preservation, a neighborhood group that is planning weekend
art markets for up to 200 artists when the Fuller-Warren plaza is
done.
"You have to realize the complexity of this. I would be
frustrated if it never got done, but I'm reasonably sure it's going
to get done in the next two or three years," said Riverside
optometrist Wayne Wood, who has promoted the plaza and Riverwalk.
"It's frustrating only that it has not fallen into place right now,
but it's understandable with the legal issues involved."
Wood also is eager. The co-author of a book on the Great Fire of
1901, he had looked forward to seeing a sculpture commemorating the
event placed on the Riverwalk near Market Street last year.
The art has been done. Not the Riverwalk.
Staff writer David DeCamp can be reached at
or via e-mail at ddecamp.