PROVO — A 4th District Court judge has upheld his previous ruling that Mapleton city has a right to declare eminent domain on a hotly contested strip of land owned by resident Wendell Gibby.

Now, the focus returns to negotiations between the two parties to agree on fair market value for the land.

"In my view, to the hope that this will help the parties reach a long sought-after resolution, it's a step in the right direction," said Mapleton City Attorney Eric Johnson.

But after years of negotiation, Gibby's attorney is preparing to establish a fair price by jury trial.

"The next step from our perspective would be to engage in discovery and start taking depositions to begin the steps toward a jury trial," said Gibby's attorney, Derek Langton.

The flap over the 10-foot-wide, 2,000-foot-long strip of land began nearly five years ago. The land lies within 120 acres that Gibby owns near Maple Mountain, which he purchased in the early 1990s to develop.

Mapleton officials have tried to claim the strip as a public right-of-way, arguing that the path has historically been used by the public to access the Bonneville Shoreline Trail and is also a crucial access point to the mountain foothills for emergency vehicles.

Gibby said there is no proof of the land being a public right-of-way, maintaining that it is private land he rightfully purchased and should be able to develop as he's able.

The newest ruling does little to change the overall scope of the lawsuit. Judge Derek Pullan initially made the ruling last year that Mapleton had grounds for declaring eminent domain but reviewed his decision at the request of Gibby. In a ruling mailed to both parties this week, he upheld his previous decision.

On three occasions, attorneys for Mapleton have filed motions for immediate occupancy, which would allow the city to take control of the contested land while negotiating for its purchase. In each case, the motion has been denied, and the city has been ordered to purchase the land first.

The parties have been in negotiation for the land for some time.

Gibby at one point offered to sell the city all 120 acres for $8 million. Yet Johnson said the city has offered him that and more but has been refused.

At one point, a mediator was brought in, but no agreement was reached.

Still, Johnson said he remains hopeful that an out-of-court settlement can be reached.

"Right now, I think the negotiations are in the best posture they've been in," he said. "Myself as well as all the public officials of Mapleton hold Dr. Gibby in the highest esteem. We think he's an excellent citizen, and it's regrettable that there's been such a difference in views."

---

E-mail: jtwitchell@desnews.com