From Deseret News archives:
Bluffdale votes to condemn part of disputed land
City wants site for 2 access roads, pond and a pump station
The Bluffdale City Council, by a 3-2 vote late Tuesday night, authorized the use of eminent domain on the land to build two public roads, a water detention pond and a pump station east of Camp Williams Road near 16100 South.
The two roads, Roycroft Drive and Willett Drive, will connect Camp Williams Road to a planned subdivision that would have been landlocked without the condemnation.
Brent Tanner of Southern Vistas said the development company has tried unsuccessfully to work with owners of the property between the planned subdivision and Camp Williams Road.
That led to a deal between Southern Vistas and Bluffdale in which the city would exercise its right of eminent domain and the developer would pay the costs of condemnation, the two roads, pump station and detention pond.
Tanner said the property owners were unwilling to sell the land because it's part of the 4,000 acres involved in a disconnection lawsuit that is awaiting an opinion from the Utah Supreme Court.
"It's frustrating for us because we're tying to get this done," Tanner told the City Council. "We're trying to pay (property owners) the money they deserve to be paid."
The property owners' response, he said, has been: "You're stopping our (disconnection) lawsuit, so screw you."
The city has asked the Supreme Court to overturn a February 2006 ruling in 3rd District Court that gave developers approval to secede from Bluffdale and opened the door for them to take their developments to Herriman. Both sides have been waiting for the Supreme Court's opinion since arguments were presented in early December.
Gary McDougal, one of the landowners, said Southern Vistas has not been cooperative, and he accused the city of playing favorites among developers.
"I think there should have been more effort to make this a win-win," said McDougal, whose property will be crossed by the two public roads.
Fair market value of the nearly 12 acres has been appraised at $1.4 million, which the city will pay to the clerk of the 3rd District Court to begin the eminent domain process.
At the request of attorneys for the property owners, Bluffdale has agreed to wait 10 days to do that to allow for negotiations between the parties to continue.
McDougal said the land is worth closer to $20 million, based on appraisals if the property is annexed into Herriman.
Brian McDougal, an attorney for the property owners, said condemning property involved in the disconnect lawsuit would violate a court ruling to preserve the status quo while the city's appeal is considered.
