vernonia’s
voice other news
september
2007
21
State of Oregon Invokes Eminent Domain on Park Property
By Scott Laird
In what is described as “…a very rare action…,” the State of Oregon used its power
of eminent domain to transfer privately held property rights to Stub Stewart State
Park. At a meeting of the State Parks and Recreation Commission on August 7,
2007, timber rights held by Banks resident Jim Smejkal were transferred under the
declaration, stopping the possibility of additional logging inside the park.
The State of Oregon entered into an agreement in 2002 to acquire land owned by
Smejkal, that eventually became part of the Stub Stewart Park property. The agree-
ment included an exchange of properties, with the State receiving the land and Sme-
jkal retaining the rights to log on the property.
When asked for more detailed information about the situation, State Parks spokes-
man for the Office of the Director, Chris Havel replied, “In 2002 we gave him (Sme-
jkal) two state park parcels, one on the coast and one in northeast Oregon. Together,
they paid for the 113 acres Smejkal gave us, but weren’t valuable enough to cover
his timber rights, so we both agreed to work over a two year period (2002-2004) on
a land trade for another piece of property Smejkal also wanted. The problem was
this third parcel wasn’t owned by state parks it was owned by the Department of
Forestry. Any land negotiation can fall through, and that one did. We weren’t able to
obtain the land Smejkal wanted; he continued to prefer a land trade over cash, so we
continued to work on that angle.”
“The problem was complicated,” continued Havel. “We buy new parkland every
year using lottery funds. Smejkal preferred a land trade. That’s fine, but it takes
time because it has to be the right land, land that doesn’t significantly contribute
value to the state park system but that Smejkal would find attractive and useful. We
wouldn’t want to force him to take land that didn’t satisfy him, so it was taking time
to research and offer land to him. That’s what we agreed to do in 2002, and that’s
what we were doing this year, up until just a couple of weeks ago when Smejkal an-
nounced his intention, in the middle of negotiations, to cut a second area -- this time
including the land around the new cabins. We felt the only way to give him what he
wanted, while simultaneously protecting the trees for park visitors, was to invoke
eminent domain; it was the only guaranteed way to accomplish both goals.”
Smejkal, when reached for comment said, “It’s a shame because we spent many
hours looking at trade possibilities that wouldn’t have cost the state any money. And
the director slammed the door. It’s unfortunate.”
Smejkal explained the history of the agreement. “We had an agreement all worked
out in 2002 that involved state forest land, but the forestry department backed out at
the last minute. So we all agreed to a land swap that didn’t include the timber rights.
The state had a two year option to purchase the timber rights, an option they didn’t
exercise before it ran out in 2004. They said they didn’t have the money or interest
in the timber rights. They continued to claim they had no money until I filed a log-
ging permit this year. We met in May and they said they would have the money by
the end of July. On the last day of July, they still hadn’t come up with the money, so
I filed for another logging permit, because I needed to get my timber out before my
rights expired.”
“There are still pieces on the table that could make an exchange work which would
save the taxpayers money – which would make good sense,” concluded Smejkal.
“We deliberated this very carefully, and we considered the eminent domain option
very seriously,” said Havel. “We much prefer open, willing negotiations, and we’ve
been successful using negotiations to acquire thousands of acres of state park land
for the past 30 years without declaring eminent domain even once. But this situation
called out for a solution that would give everyone what they needed – for both the
park visitors and Smejkal.”
Bike and Build-Pedaling Across America
By Scott Laird
Vernonia was recently the host for an amazing group of young adults.
They spent the last day of their trip here, and, according to most, it was the
trip of a lifetime.
Participants with a group called Bike and Build spent July 24th, the last
night of their cross-country bicycle trip, at the Vernonia Christian Church
on North Street before pedaling out of town the next morning, heading for
Cannon Beach, the Pacific Ocean, and the end of a fantastic, but grueling,
journey.
“It’s been tough,” said Elliot Wells, from Charleston, South Carolina, af-
ter sixty-nine days on the road. “I’m really looking forward to finishing.”
Bike and Build works with young adults aged 18-25 to undertake cross-
county cycling trips that benefit affordable housing organizations. They
hope to introduce and engage the participants in the affordable housing
issue, connecting them to the cause in a very unique and intimate way.
Bike and Build had six different trips taking place this summer. The
group that stopped over in Vernonia was known as the Central US trip,
based on the route they took across the country, and was made up of twen-
ty-seven riders from eighteen different states. Each participant must raise a
minimum of $4,000 for the trip. Starting in Virginia Beach, Virginia, on May
17, the group pedaled across West Virginia, Ohio, Indiana, Illinois, Missouri,
Kansas, Colorado, Utah, Wyoming, Idaho, and Oregon. I met them on the
morning of their last day on the road.
Kim Peven, a twenty-one year old nursing student from the University
of Michigan, was not even a biker before this trip. “I hadn’t been on a bike
since I was a little kid,” Kim told me as she stretched in preparation for the
final leg of the trip. “There is a whole range of us in the group, from bike
mechanics, to everyday riders, to those who got their bikes the day before
the trip started. It was really tough in the beginning,” said Kim about her
experience, “but it’s really more mental than physical.”
Bike and Build solicits grant requests from housing groups for projects
that are planned mostly by other young adults throughout the country. The
riders decide as a group which projects to fund. The group had nine “Build
Days” in their schedule where they stop to help work on housing projects
organized by either Habitat For Humanity or Rebuilding Together, a group
that does rehab projects as opposed to new constructions.
When asked about highlights of their trip, Wells told me he enjoyed see-
ing the variety of cities and seeing how people live. He mentioned Boise,
Bloomington, and Portland as favorite cities. Rocky Mountain National Park
was also a highlight for Wells when the group topped 12,000 feet in eleva-
tion. “That was a real sense of accomplishment,” said Wells.
Each trip is led by four peer leaders who act as unofficial guides for the
trip and are mostly responsible for safety and policy enforcement. Jake
Stangel, a twenty-one year old graduate of the National Outdoor Leadership
School (NOLS) who calls New York City home, was one of the peer leaders.
“I wanted my trip to be more meaningful, and I prefer to be part of the deci-
sion making processes,” said Jake. “It’s tough work but really rewarding.”
The group shares chores and sleeps at host spots that are pre-arranged.
Folks at the Vernonia Christian Church were responsible for feeding them
breakfast.
Kim told me she really enjoyed working with the families during the build
days. “The Habitat For Humanity families are required to work between two
hundred and three hundred hours on their homes, so they were often there
working along side us,” said Kim. “It was really cool to meet them, hear their
stories, and see how excited they were about their project.”
It’s almost certain that each of these riders will not forget their trip, their
ability to make a difference, and the memories and friendships that were
created during two months of pedaling across America.
Bike and Build is based in Brooklyn, New York. For information go to
www.bikeandbuild.org
Ben Davis and Christie Brown to Wed
Christie Brown and Benjamin Davis are to be married at 3 o’clock on September 1st, 2007 at the
Davis residence in Vernonia. Family friend Craig Mills will perform the ceremony for the daugh-
ter of Norman and Deborah Brown and the son of Gary and Patricia Davis. The maid of honor
is Kat Leach, long time friend of the bride. The bridesmaids are Kristin Frances, Jessica Davis,
and Bethany Davis. The groom’s best men are the groom’s brothers Mathew Davis and Timothy
Davis of Vernonia.
The groomsmen are Dan Davis and Andy Davis of Napa, California. The flower girl is Aubrey Luv
Leach, daughter of Kat Leach. A reception will follow the ceremony at the Scout Cabin. Coordi-
nating the event will be the bride’s aunt, Dorothy Wiren. The bride is employed as a Paramedic
with Metro West Ambulance. The groom is employed as a Fire Fighter/Paramedic with Columbia
River Fire & Rescue. After the honeymoon in Australia, the couple will reside in Vernonia.