Posted on 08/15/2007 3:16:06 PM PDT by UnsinkableMollyBrown
Edited on 08/15/2007 3:32:06 PM PDT by Admin Moderator. [history]
Yesterday morning I found out that my home, along with more than 157 others in on the chopping block to make way for a major road. Imagine my dismay, when I found that the city in charge of the project has stated that the public comment time is over. I was never notified that there was any contemplation of such a project, and thus had no opportunity to voice my strenuous objection. Just wait, it gets much better...
I live on the border of two communities in Utah, American Fork and Highland. Highland wants a major, 3-5 lane, roadway to handle traffic from new communities. The road being used now is a sparsely populated, 50 mph roadway, which has some commercial development on its 10 mile span. Much of this road is a single lane in each direction, but the road is wide and the cost for expansion would be minimal. You can see it on google maps at http://maps.google.com/maps?q=W+11000+N+Highland,+UT,+USA&sa=X&oi=map&ct=title
My home is located on a residential, 25 mph, road. That is heavily traveled by pedestrians and bikers. Houses line the street, and at then West end of 9600 N, is a housing development. The road does not even go through to the freeway at the present time. By my count, from the golf course to the freeway would cause the destruction of approximately 157 homes, plus all the homes east of the golf course.
Now, here is the reason that I am outraged. Highland has chosen this road, expressly because it is on the community boarder. Part of the affected homeowners live in Highland, part in American Fork, and part in Lehi. They have effectively split the opposition, so that they do not have to listen to the chorus of opposition from both sides of the street, and the full length of the current road. Rather than deal with an organized opposition by a unified body, on the obvious choice for development, the cowards chose the most bizarre solution that would keep them from being raked over the coals.
I went to the American Fork Council meeting last night, and was appalled at the hands off, spineless, wimplike attitude of our elected leaders. The Mayor stated that "it is out of our jurisdiction." With my prepared speech in hand, I stormed up and told him that I am a resident of American Fork, and live on this road, and he does have jurisdiction. The meeting did not go well. It looks grim. Oh, and one more thing to make your blood boil, one of the Highland City Council Members lives on 9600 N. She is very much opposed to the plan, but she has been EXCLUDED from all the hearings on the matter. I am asking for your help.
Below is the statement that I read last night at the City Council meeting.
Highland's decision to use this road, was after their failure in appropriating 9850 N for this purpose. For the past 20 years, 9850 N was on Highland City's master plan as a 3 lane collector. The residents along this road, had a distinct advantage, because residents from both sides of the street were able to voice their vocal opposition. Today, I am expressing outrage that my voice is not being heard by the ultimate deciders of this ill-conceived plan. The Highland City Council, has expressly chosen a road on their border, in order to decrease the opposition of their plan, by effectively dividing the affected parties. We must not allow this plan to be implemented because of this attempted division. To address this matter ethically, the three councils, together, must meet to hear all the residents affected by this proposed roadway. Anything less will be a serious breach of government responsibility and an invitation to legal action. I ask that the American Fork City Council take action to stop this proposed roadway.
I am asking for your Freeper help, even though you don't live here because time is extremely short, and I need all the publicity and opposition that I can get.
Kelo was about using eminent domain to take property on behalf of people who would generate more tax revenue for the city than the current residential owners.
That is absolutely wrong.
If they are pulling a bait-and-switch, and are actually going to give your property to a commercial developer, that's one thing. If they really are going to build a road, that is quite another.
You may be able to delay it, but it’s legit use of the law........Best you can do is hold out for mo’ money............
Make sure you get what they appraise the value for.
“Make sure you get what they appraise the value for.”
No, don’t use their appraisal, get one of your own.
Mr Prosser said “You were quite entitled to make any suggestions or protests at the appropriate time, you know.”
“Appropriate time?” hooted Arthur. “Appropriate time? The first I knew about it was when a workman arrived at my home yesterday. I asked him if he’d come to clean the windows and he said no, he’d come to demolish the house. He didn’t tell me straight away of course. Oh no. First he wiped a couple of windows and charged me a fiver. Then he told me.”
“But Mr. Dent, the plans have been available in the local planning office for the last nine months.”
“Oh yes, well, as soon as I heard I went straight round to see them, yesterday afternoon. You hadn’t exactly gone out of your way to call attention to them, had you? I mean, like actually telling anybody or anything.”
“But the plans were on display...”
“On display? I eventually had to go down to the cellar to find them.”
“That’s the display department.”
“With a flashlight.”
“Ah, well, the lights had probably gone.”
“So had the stairs.”
“But look, you found the notice, didn’t you?”
“Yes,” said Arthur, “yes I did. It was on display on the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying ‘Beware of the Leopard.’”
Always, but the county appraisal was higher than the private one.
They have the right to purchase your home when it comes to roads.
The admin deleted the email address of these government officials that I included in my post. I appreciate that their are privacy concerns for private citizens, however, being the official in charge of governing a group of citizens would appear to nullify that right.
I know that the city has the right. However, I am asking that you carefully read my post and look at the maps. I am telling you that the city is doing something unethical and illogical, and possibly corrupt and illegal due to the fact that they are eliminating the Councilwoman’s input and they haven’t notified all the homeowners along this road. If you don’t feel that you want to stand up against the corrupt government, whatever. I just hope someone cares enough to add their voice to mine that this is wrong.
The matter of one municipality using eminent domain to seize property in another municipality would involve a state law issue. You need to find out what the relevant state laws are in order to determine whether you have any realistic chance of stopping this.
Sounds like a noble, patriotic thing to do, give up your home for a needed road, doesn’t it? These corrupt municipalities have a way of doing their deeds because it benefits them personally (related to contractors, etc.) or just slip it by with no input (yeah, they probably published it, and NO one read it and they know it). The devil is always in the details and details are so darn bothersome!
What are your other neighbors affected by this saying?
Are there other homeowners as concerned as you? There is power in numbers and even if they are from different districts you need to organize them into an effective voice and see if you can get local media coverage.
When the road is completed will it go through to the freeway? Will any federal funds be used to construct the roadway? Does any of the proposed roadway go through parkland on which federal funds have been used? If yes, have all federal requirements for public notifications and hearings be met?
Have environmental impact assessments been made on the proposed roadway? Any endangered species? Any wetlands, streams, waterways to be crossed? If so, has proper documentation for government permits been submitted and approved?
Eminent domain is a proper function of government, but I am concerned about this construction being handled as you describe. It sounds like the governmental entities may be operating in the “it’s easier to ask forgiveness than permission” mode.
Don't cut corners or pick somebody out of the yellow pages. Get a real live referral and make sure he's got no conflicts with the city.
The lawyer will know (1) if the city is up to something crooked; (2) if the city is on the up and up, how to get top dollar for your land. They will try to lowball you.
Good luck but I suspect you can bend over and kiss your home good bye. That is what eminent domain means, to use your property for a road. We had a similar situation here a few years ago. They didn’t take our home just 25 feet off the front of our property. Instead of living on a quiet dead end road we now live on a 4 lane thoroughfare and the traffic roars by here 24 hours a day. The value of our house dropped as did our taxes but they are back up now. Such is life in the big city. Be glad they are taking your house not just ruining it and letting you keep it.
I’d suggest going to an Indian reservation and buying large numbers of artifacts, busting and scraping them up to make them look ancient, and then distributing them to your neighbors. Surreptitiously, you bury these things in a scattered fashion in the affected neighborhood and in the surrounding area. You then call the leadership of the closets Indian tribe you can find and the Bureau of Indian Affairs, and the head of Native American Studies at the nearest and largest local university. Perhaps you can create a “sacred burial ground” situation which would delay but likely not prevent what you are facing.
I know you stayed at a Holiday Inn last night, but are you a lawyer by day?!
Is it now?
Well it ain’t in Alabama. We here dare defend our rights and the concept of Eminent Domain doesn’t mean that government can condemn your property for a public road or for the greater common good except by due process.
Rage against the special interest tyrants. They measure the world with their pocketbooks and they are less than fully human.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.