West Jordan might seize land for drain

WEST JORDAN — The City Council is divided on whether to use eminent domain to seize property for an underground storm-drain line in southwest West Jordan.

Unsuccessful negotiations with property owners for easements on 1.39 acres of a vacant parcel at approximately 5650 W. Old Bingham Highway prompted city staff to recommend that the council authorize the use of eminent domain.

That decision was put on hold Tuesday night after questions were raised about how much effort the city has put into reaching an agreement with the property owners.

"I want to take another two weeks to work with (the property owners) and see if we can do this without going through the eminent-domain process," Mayor Dave Newton said.

Three council members sided with the mayor, and the issue was tabled until Nov. 28 by a 4-3 vote.

Harry Christiansen, one of eight joint owners of the 38-acre property, said he was surprised to learn the city is considering using eminent domain to obtain the easements. He contends that some of the property owners have not been contacted by the city.

"Maybe you better check your records," Christiansen told city staff Tuesday night.

To run the line as identified in West Jordan's storm-drain master plan, the city is seeking a permanent easement on .68 acres, with an temporary easement on .71 acres for construction.

"We need to be able to keep pace with development (in the area)," said Ryan Carter, deputy city attorney.

Christiansen said he doesn't have a problem with easements for the underground line but added that he doesn't speak for all of the property owners.

The city has commissioned three appraisals — in one case using an appraiser approved by the property owners — and twice has offered appraised value for the easements, said Tom Steele, assistant city manager.

The most recent appraisal came in at $22,375, and that amount was offered to the property owners on Oct. 26, according to city documents.

"The property owner has got to be convinced that he's getting the top dollar for his property, and they're apparently not convinced at this point," Steele said.

Declaring eminent domain would put the determination of fair-market value in the hands of the court.

Money has been budgeted for the storm-drain line, and the city plans to open bids and award a construction contract by February 2007. Construction is expected to begin in March 2007.

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