Moses Roses Hideout attorney says negotiations must be in ‘good faith’
City Council has authorized the use of eminent domain to take the property where longtime downtown San Antonio bar Moses Roses Hideout resides. Now the attorney representing Moses Roses says he and the owner are open to negotiations under one condition. Attorney Dan Eldredge, who is representing Moses Roses owner Vince Cantu, says Alamo Trust and the Texas General Land Office (GLO) must come to the table “in good faith.”
The City Council authorized the use of eminent domain January 26, to acquire the property at 516 E. Houston St., across from the Alamo. The decision was made with the hopes both parties would negotiate a sale price. This is after Cantu refused multiple multimillion-dollar offers from the Alamo Trust and GLO above the appraised value.
Eldredge says he is merely repeating what Mayor Ron Nirenberg said on January 26, that the property should be acquired “in good faith,” and that shouldn’t change because of the looming use of eminent domain.
What does “good faith” mean for Eldredge and Cantu? He says Alamo Trust must acknowledge that it needs the property “right now” for the Alamo Museum project, but must also acknowledge that Cantu doesn’t want to sell the property. That is, unless, he is paid enough to make it worth it.
“What we have is a willing buyer and an unwilling seller,” Eldredge says. “So good faith negotiations have to make up for that if possible. Now we’re hopeful that they will, but that’s the part that I think they have either ignored or downplayed to this point.”
Moses Roses is the last business operating after the Texas General Land Office paid Phillips Entertainment to break its lease in the Woolworth Building and closing its attractions in Alamo Plaza.
Kin Man Hui, San Antonio Express-News / Staff photographer
Unwilling seller
The Alamo Trust and GLO want the Moses Roses property for a $450 million revamp of the Alamo Plaza into a historical tourist destination that the Alamo Trust says will bring in billions in visitor revenue. Part of that revamp is the Alamo Museum which will takeover the Woolworth Buildings next to Moses Roses.
Kate Rogers, executive director of the Alamo Trust, said at the January 26 meeting that Cantu turned down offers of $2 million, $2.5 million, and most recently $3.5 million. She also said they offered Cantu a seat at the table for negotiations but he refused.
Cantu said he was never offered a seat at the table. He also wants $17 million for the property.
The initial number was $15 million before $17 million, Eldredge says.
“It’s a number that he was asked to give that would change his mind and make him give up his dream, his legacy to his kids — everything,” Eldredge says. “We all have a number like that, right?”
Eldredge says that Cantu is not trying to be outrageous or dishonorable, and he reiterated that Cantu does not want to sell the property that is special to him and his family. Cantu got tired of refusing offers up until three weeks ago when the city council authorized the use of eminent domain.
The Alamo Trust and Texas General Land Office seeks the Moses Roses Hideout property for its Alamo Museum project.
Kin Man Hui, San Antonio Express-News / Staff photographer
What is eminent domain?
Generally, the eminent domain process in Texas starts with two offers sent to the owner of a property by a governmental office. If both offers are refused, the governmental entity can then file a lawsuit condemning the property after 14 days of the last refusal. Then a board of commissioners is formed, usually of citizens within the county.
Those special commissioners hold a hearing and then determine a price, or special commissioners award, which is then paid out by the government entity, whether that property owner agrees or not. This process has not yet started for the Moses Roses property.
What’s next?
Negotiations are next. Eldredge declined to say whether or not the parties have sat down to begin these discussions. The eminent domain process could start if they can’t come to an agreement, but Eldredge says that Cantu is willing to enter negotiations if the GLO and Alamo Trust come in and talk him down from a number like $17 million.
A statement from the Alamo Trust says they are pleased Cantu is willing to discuss acquisition of his property and are hopeful an agreement can be made without having to resort to eminent domain.
Here is the Alamo Trust’s statement in full:
“On January 26, the City of San Antonio City Council authorized the use of eminent domain to acquire the final property necessary for the construction of the Alamo Visitor Center and Museum — the culmination of 10 years of planning and community input. After three years of appraisals, declined offers, and failed attempts to negotiate the purchase of Moses Rose’s Hideout from Mr. Vince Cantu, we are pleased he has now agreed to discuss the acquisition of the property by the State of Texas. We are optimistic that we will reach an agreement on a reasonable purchase price, making the use of eminent domain by the city of San Antonio unnecessary.”
