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Church,
city clash over use of Cypress lands
By Kristen Force
Summer On-line Forty-Niner
When citizens have
to choose between an economically healthier city and their
religious beliefs, problems are bound to occur.
The city of Cypress is currently facing this problem between
the city council and the Cottonwood Christian Church, who
is attempting to buy an 18-acre tract of land to construct
a larger facility.
The city argues that plans for development have been in the
works for more than 10 years and it is working to seize the
land through eminent domain.
“Under the California Redevelopment Law, cities have the ability
to create development agencies using eminent domain,” said
David Belmer, Cypress community development director.
This constitutional power gives a state, municipality, or
private person or corporation the ability to take private
property for public use to exercise functions of public character,
following the payment of just compensation to the owner of
the property.
In January, Cottonwood filed a federal lawsuit against the
city, claiming it was discriminating against the church. The
lawsuit alleges violations of the church’s First Amendment
rights, which guarantee that the government will not abridge
freedom of religion.
“For a full year [beginning in September 1999] we prepared
architectural renderings, along with numerous other studies
to present to the City of Cypress,” said Rev. Mike Wilson.
“The staff and the Cypress Redevelopment Agency rejected our
application as incomplete, although they later admitted it
was fine.”
The city has counter-filed in the Superior Court of Orange
County to carry out the land seizure. No hearing date has
been set.
Established in 1983 with a membership of just 50 people, Cottonwood
has rapidly grown to host 4,000 adult attendees at worship
services and 1,200 children at Sunday school each week.
Worshippers are still turned away every week as a result of
the lack of space, according to Wilson. The existing facility
in the city of Los Alamitos has a seating capacity of only
700.
Cottonwood began assembling the total 18 acres by purchasing
six separate tracts of land from four different owners beginning
in 1998.
Through donations from religious supporters, the church spent
$13 million to purchase the land.
The non-denominational church has been holding two services
on Saturday and four on Sunday to accommodate its patrons.
Plans were developed for a 300,000 square foot worship center
with seating for more than 4,700 people. The facility is also
designed to include a youth center, daycare center and gymnasium.
Before Cottonwood took any steps toward acquiring the disputed
land, city officials in Cypress told the church about the
city’s plans for the land.
“We told Cottonwood that the land was in a redevelopment project
area,” Belmer said. “A city cannot stop someone from buying
land, but it’s basically buyer beware. All we can do is notify
them of what is planned and we did that.”
The city designated the land for commercial development more
than 10 years ago and has been waiting for an appropriate
time to begin using the property for retail businesses, Belmer
explained.
“Cottonwood’s contention is that the city is interested in
the land all of a sudden,” Belmer said. “The plans have been
around for a long time; this is not something new.”
Despite rumors that the city has a contract with Costco to
begin construction on the site, Belmer says this is not the
case.
“We are negotiating with Costco, but no agreement has been
reached,” he said. “We are only pursuing retail development.
Nothing definite with any specific company has happened yet.”
To justify eminent domain, the city must show a “resolution
of necessity.” This procedural step is used to prove that
the land to be seized is for a public purpose and that the
public interest and a necessity for the land is shown.
City officials have met with spokespeople from Cottonwood
to discuss a new location for the church, but no agreement
has been reached.
“We are trying to work in cooperation with Cottonwood to see
if a new church site can be found and we will continue to
try to work out a fair deal for everyone,” Belmer said.
But Cottonwood spokeswoman Sharon Spohn said the effort is
futile right now because the court has not ruled yet.
“We believe we will win in court,” Spohn said. “We won’t need
to find another piece of land.”
“We feel compelled to protect our property ownership rights
as well as our religious freedoms,” Wilson said. “Many Americans
have sacrificed for the purpose of protecting our American
freedoms and we feel compelled to stand up against any action
that would diminish them.”
Federal, state, and local governments may take private property
through their power of eminent domain or may regulate it by
exercising their police power. Air, water, and land rights
can all be subject to this type of seizure.
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