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August 18, 2004

County declines to seize property for Britt

By SANNE SPECHT
Mail Tribune

JACKSONVILLE — Britt Festivals representatives asked Jackson County commissioners Tuesday whether they would consider condemning two properties standing in the way of Britt’s proposed expansion.

The properties are in the area of West Fir and South First streets south of the Britt grounds. Britt wants the properties for additional parking. One owner is willing to negotiate, but the other has refused to sell.

Dave Gilmour said he and the other commissioners turned down the festival’s request, citing reluctance to use their powers of eminent domain. Gilmour said the case had not been made for private property seizure.

"A clear public benefit has not been demonstrated," said Gilmour. "We don’t mind purchasing from a willing seller. However, the idea of seizing property isn’t something we’re comfortable with. Jacksonville could do that, but we’re not going to."

The plan, which would expand reserved seating but keep attendance at 2,200, first came to light on July 14 at a Jacksonville Planning Commission meeting.

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It includes parking changes and an 8-foot-tall fence to discourage non-ticketed participants from sitting on West Fir Street to hear the music. The acquisition of the two properties would help with parking and crowd control, says Britt Executive Director Ron McUne.

"If the city were willing to vacate Fir Street, it would no longer be a public street. We’d have control of (the nonticketed area) during concerts," he said.

One of the two properties is a vacant lot owned by Anne Brooke of Jacksonville. Gilmour said Brooke has shown a willingness to negotiate. The second property is a rental owned by Donald Gordon of Florida, whom representatives said is unwilling to sell at this time. Neither owner was immediately available for comment.

Jacksonville City Administrator Paul Wyntergreen said the city has no need for the proposed project’s 600 linear feet along West Fir Street.

"We might be willing to vacate the street provided proper easements were maintained," he said.

Wyntergreen said he understands Britt’s desire to resolve its continuing problems with complaints about nonpaying listeners. But the city is also disinclined to exercise its rights to condemn either of the two properties.

"I think (Britt) believes acquiring the two tax lots would help them with the fence issue by eliminating the need," said Wyntergreen.

The plan also includes more bathrooms, box seating, a mini-amphitheater and improved lighting.

In addition to giving Britt control of the street, McUne said acquiring the two properties would provide needed handicapped parking and more off-street parking for trucks and buses.

"It would mitigate truck traffic in the neighborhood by half," said McUne.

Paul Korbulic, director of Jackson County Roads, Parks and Planning, said the county owns the festival grounds and is a co-applicant in the expansion project. But the county is reluctant to use its power of eminent domain for what is fundamentally a park purchase, he said.

"Typically the county only condemns for safety purposes," he said. "In some rare instances, it might condemn for road rights-of-way. But we don’t even like to do that."

McUne said he understood the county’s reluctance to proceed.

"It looks like it’s going to have to take two willing sellers," he said.

Meeting is today

The Jacksonville Planning Commission will continue its review of Britt’s master plan proposal and conditional use permit application at 7 p.m. today at Old City Hall.

Reach reporter Sanne Specht at 776-4497 or e-mail sspecht@mailtribune.com.




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