Tuesday, August 18, 2009 10:01 PM CDT
OUR VIEW: Some wiggle room, perhaps, for lake issue
By the JG/T-C editorial@jg-tc.com
It makes sense for Lake Charleston to be a water supply and a source of enjoyment and recreation.
However, the expiring leases for property on the Lake Island tract are not a good deal for the city, financially or otherwise. Those who have invested in their leased property and lived at the lake are understandably upset at the prospect of being forced off the property.
Charleston officials recently sent notice to the remaining seven leaseholders demanding possession of the city owned property. Other leaseholders agreed to accept $3,000 to abandon their places at the lake.
The city says the leases do not cover expenses. The city contends the leases benefit only a few residents, and that the property has potential to be enjoyed by more people. We would agree with those assessments.
The city also says it’s been clear for many years that the leases would not be renewed when they expired this year. The 1999 comprehensive plan recommends not renewing the leases, and Mayor John Inyart with support from the city council made clear his plans in 2007.
Some city officials prior to Inyart made statements saying they likely would renew the leases, but some of those statements go back to well before the most current leases were signed.
All of the current leases were signed or assigned in the past 15 years, when the leases had clauses that say they are not renewable. We’ve heard about 99-year leases, but didn’t find any such leases in a recent review of the lake island file at City Hall.
A valid 99-year lease might change things, but so far we haven’t seen any such lease produced. There is a 99-year agreement between the city and the state that gives the state the right to match any offer before the city could sell real estate at the lake island tract.
We understood why leaseholders want leases renewed, and see why they would desire property in the lake area. It will take the city awhile to develop, fund and implement plans for the area, so there appears to be nothing that demands immediate action.
Doing nothing, however, would just prolong the issue without a resolution, and that doesn’t make sense, either. It seems the only remaining options for the city are to move forward with plans to force people off the property, or offer written agreements to leaseholders in which they will vacate at some date certain in the future.
The lake area can and should provide ways to enhance quality of life, and we’re hopeful the city finds more ways to help people enjoy the property. Using lakes for purposes beyond a water supply that are practical and of benefit to a broader audience makes sense.
So while we’re sympathetic to the leaseholders, particularly ones who reside at the lake, we don’t see a good way for the city to continue indefinitely leasing property and provide a common benefit.
We agree now is the right time to address this issue rather than pass it off to future councils. We don’t know if there’s any interest by leaseholders in receiving more time on the property in exchange for a specific date in which they would vacate. But that would seem to be a way for the city to proceed, to spend time and money on developing more specific plans, while giving the leaseholders a little more time to enjoy their view.
The other option appears to be for the matter to head to litigation, which is the least attractive alternative.
— JG/T-C Editorial Board
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Mama says wrote on Aug 19, 2009 4:13 AM:
They keep making the lakes and then no upkeep and people keep tossing all their junk into the lakes. Lake Paradise was to be a good place have a cabin and look what a mess. Charleston in same mess, and Lake Mattoon is getting there and harder to sell the properties to others who know the score.
I use to fish and now scared to eat anything caught in any of these places.
I'm scared of some of the restaurants because know a few things on their health keeping issues in restaurants.
Nothing like working in one and see and know. Look at the Lakes, take tour in restaurants, SEE about the SAME messes.
Not all restaurants, just a FEW. "