Freeper Action Alert! City Wants to Destroy my Home Eminent Domain

[UnsinkableMollyBrown]

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.

[do the dhue]

I don’t know if it will help, but I sent an email to Sean Hannity. Seems to me that he likes to defend folk’s home.

[TigersEye]

I hope you get the help you need. Eminent domain for road construction doesn't always trump property rights. There is a big curve in I25 north of Denver that attests to that. That was a long time ago and I have no idea what it cost that farmer but he fought them until they had no time left to do anything but swing the Interstate around him.

Sounds like you have even better cause what with this cabal of crooked mayors wheeling and dealing for themselves instead of their constituents. Maybe you can bring that whole thing down in the process. Collect all the info you can and when you see a lawyer ask him if that sounds like racketeering to him. RICO anyone?

[1COUNTER-MORTER-68]

Go find out just WHO owns the land where this “road” is going,,,This krap is done for personal gain most of the time
in my area,,,Follow The Money...

[TigersEye]

PS: Save anything you find on the net to your hard drive. If they get wind of growing opposition that info could become highly perishable.

[Daffynition]

Organize and contact this group: Institute for Justice. They are a libertarian public interest law firm and were involved in the Kelo v. New London case. Best of luck.

[Daffynition]

I like the way you think! Yours is an easier solution because I was thinking of dinosaur bones. ;-D

[UnsinkableMollyBrown]

Great information Daffy. I think that I am going to need it. Apparently the American Fork and Highland mayors have known about this deal for a few years. The real clincher is, why have they been approving new development on this road, that they knew was going to be destroyed. There are brand spanking new houses, up for sale, by the builders, right now. I am looking for some code in the affected cities. These mayors sound way dirty.

[beachn4fun]

Unfortunately, road-building is one of the few legitimate uses of eminent domain.

(sticking my nose in here for a minute) IMO, I think we, the average citizen, need to wake up to the catch-22 our government reps and the developers put us in.

Have you ever noticed how we're told that we need to have bigger, better roads to relieve the congestion only to find that once it's done they build more houses and/or businesses in that area? I have. I've seen it along the stretch of road I drive 5 days a week. They made the highway a three-lane, each way, to help alleviate the traffic. But, they are constantly building housing developments along the way. Add to that the number of traffic lights that are now needed, you find yourself back in the traffic jams and longer trip time to work.

Oh, then guess what? They want to raise your taxes to help pay for more roads or bypasses.....see the catch-22 here?

And, then you need to look at how your reps are related to the developers in your area. I've found that some of our commissioners are related in some form or friends with the big developer in our area. And, guess what else? They're building up another area heavy with traffic. And to top it off, they are determined to build up the area where I live cause it just has way too much land available and unused.

Molly B, seek out a law firm who specializes in eminent domain cases. There are laws against them just seizing your property. The liberals have bastardized the eminent domain law. It may have to eventually depend on you finding someone who can change the law. Our governor has been working on keeping that from happening to us in Maryland.

Sorry, but this is one of those things that piss me off along with how some of our states use the Lottery money. They are my soap-box!

I'll go now.

[LSAggie]

Could you please name the project so I can correlate it to the TIP document? Thanks, LSA

[ErnBatavia]

Easier yet, just buy a couple of these on the internet and release them in your back yard.

[oneamericanvoice]

What kind of help can we, as outsiders, give?

[oneamericanvoice]

Can you send it in a private email? Also, complain to the admin because they let Kristinn post phone numbers earlier. Hey Admin Moderator, you listening?

[UnsinkableMollyBrown]

Thanks for your concern. I will forward the contact information. If anyone is so inclined, and because the Admin is being totally stupid by not allowing the publication of government official’s contact info, the websites are:
http://www.highlandcity.org/cgi-bin/hc/elected_officials.html
and
http://www.afcity.org/GO_Mayor.asp for the American Fork Mayor, http://www.afcity.org/GO_CityCouncil.asp

I real positive development, is that this MAG organization and the Mayors of the city appear to have violated Utah State Law. Here is a copy of my email to the Attorney General:

Attorney General Shurtleff,
I have been a resident on 9600 North, Highland for two years. Tuesday morning, I found out that this road is slated to become a major East-West collector road, stretching from Pleasant Grove to I-15. My notification came in the form of a citizen’s flier notifying me of an American Fork council meeting about the issue. After some research, I discovered that this is part of the Mountainland Association of Governments (MAG), transportation plan for Utah county. The Mayors of both American Fork and Highland are a part of this organization.

According to the Utah State Code, Section 10-9a-203, a municipality is required:
1. Before preparing a proposed general plan...shall provide 10 calendar days notice of its intent to: each effected entity.
2. Each notice should indicate that the city intends to prepare the plan, and be sent by mail or email or other effective means.

The 2005 MAG Transportation Plan was initially started in 2004, and states that they are planning to make this roadway a 3-5 line roadway. The 2007 Plan includes a finished proposal with an outline of what affected cities must do.

I have only been a resident for two years. If MAG and my Mayor had followed the laws and legal requirements as outlined in the Utah Code, I would have been informed of this planned development, Before I Purchased My Home. The plan is finished and the roadway is scheduled to be constructed between 2007 and 2010, according to the documents obtained from MAG. To date, I have never been informed by American Fork City or Highland City, or MAG, as required by Utah Code Section 10-9a-203, and neither were the previous residents. In addition, this specific development has not been published 4 times in the media as Utah law requires, and they have not posted public notices. This would appear to be a violation of state law.

I would like to know what action can be taken to correct this violation of laws that govern our state.

[UnsinkableMollyBrown]

bttt

[lpnykahuna]

Having fought eminent domain here in NY, I cannot be too optimistic about your chances.

However, if your City Councilwoman was excluded from input on the issue that might violate
1) Utah’s constitution
2) Utah’s laws governing municipalities
3) Your community’s charter or bylaws

If the proceeding does violate such provisions, it may help to overturn the decision this time. But ultimately, you can expect to lose, I’m afraid.

I suggest that you discuss with your councilwoman.

[SandRat]

Check the State and County Codes for highway construction rezoning etc where there are residential abodes already exist and what the state, county, municipalities are allowed to do. That may help give a leg to stand on and fight back.

[UnsinkableMollyBrown]

Thanks for all the great Freeper advice! I do think that there is cause for legal action, with the things that I have discovered so far. First, we have two mayors that have been involved in planning this since 2004, and they didn’t follow state regulations regarding notifying affected entities before planning. Second, we have the ostracized planning commission member on the Highland Council. Third, we have the case of the missing 20 year plan for Highland road construction that clearly indicates another roadway slated for this development. A former city council member has stated there was such a plan, and now it is gone. Fourth, we have mayors independently making plans, without informing their associated city councils (for years) - or involving them in any way. In fact, the council members didn’t even know about this road until 2 weeks ago! I am going to look up the city charters today to find out what regulations their are in drawing up new plans.

[UnsinkableMollyBrown]

I don’t know all the answers to your questions, but it sure gives me ideas on what to look for. Thanks

[UnsinkableMollyBrown]

It's called the 2007 Regional Transportation Plan. There is also the 2005 Plan that mentions this area for a major roadway.

[mad_as_he$$]

" the city is doing something unethical and illogical"

That is what cities do. Cities are for the most part the worst run portions of Government. Sorry about you issue. Hold out for your appraised value but DO NOT hold out so long a judge condemns you property then they probably do not have to give you anything.