Will city pay landowner a fair price?

PROVO (AP) — Though a judge has ruled Mapleton has the right to seize a half-mile strip of his land under eminent domain, Wendell Gibby doubts the city will pay what he considers a fair price.

Fourth District Judge Derek Pullan recently reaffirmed his ruling that Mapleton has the right to Gibby's property on Maple Mountain, which the city contends is a long-established part of the Bonneville Shoreline Trail. Pullan made the initial decision last year but was asked by Gibby to reconsider it.

The judge stood by his decision.

"I don't think this last ruling by the court really hurts us or helps us one way or the other," Gibby said.

Gibby and the city must determine a fair price for the land before Mapleton can seize it using eminent domain. Gibby said a recent appraisal he had done estimates the cost at nearly $6 million. It's a price he doesn't think the city will be willing to pay for a foot path.

"I think at the end of the day that the city is not going to be able to pay the cost of the severance damages for the condemnation, and they'll have to abandon it. I may be wrong, but that's what I think it's going to come down (to)," he said.

Gibby is also optimistic about a changes in eminent domain law that could come during next year's legislative session.

During this year's session, the state House of Representatives passed a bill that would limit municipalities' ability to seize land under eminent domain. It included a provision prohibiting cities from using eminent domain for trails and paths.

HB334 was still in committee when the session ended and never got a vote in the Senate.

"If it passed in its current form, the judge would be compelled to consider it. (It would) basically reverse the judge's current interpretation of the law," Gibby said. "I'm a patient guy. I'll wait until next year."

The trail issue is just one in a series of fights between Gibby and Mapleton. Gibby has several lawsuits against the city relating to other conflicts over his 120 acres.