The path to the future to Heber City’s future continues — right through Mark Evans’ front lawn.
Heber City officials are eager to continue work on the Heritage Farms Parkway road, a continuous route that will run from S.R. 40 to Center Street. Unfortunately for Heber City resident Evans, one of the road’s roundabouts will take 250 square feet of his property and sit directly bordering his three parcels.
He’s not exactly thrilled. Though he and the city are still negotiating about his property, the Heber City Council passed a motion Tuesday night to allow the city to take immediate occupancy of the 250 square feet as those conversations continue.
“State code allows a process that allows us to file a complaint for eminent domain. Once we file a complaint, than we can move for what’s called an order of immediate occupancy,” City Attorney Jeremy Cook explained. “The order of immediate occupancy essentially allows the city to move forward with the project but preserves all the rights of the property owner to dispute the amount of the compensation.”
Cook and other city officials told the council that in order to avoid higher construction costs, the roundabout project would need to go to bid quickly. Ultimately, councilors voted 4-1 to move forward and take some of Evans’ property before he and the city agree on compensation. Councilor Yvonne Barney was the one holdout.
Before the decision, Evans addressed the council.
“It’s not just about the roundabout,” he said. “I continue to bring up the eastern bypass, or the Heritage Farms road I guess. This is two separate projects, and the appraisal was done as a roundabout impact only.”
The council could have moved the planned bypass farther from his home more than a year ago, he said, as they did for homes to the west of the route. Instead, it will run right next to his three parcels of property.
“I’ve been to several public meetings. I’ve shared and expressed my concerns,” he said. “I don’t know why I’m singled out as an individual or property owner or taxpayer that has to live with the change.”
He’s looking for more than just compensation for the 250 square feet. Because of his vicinity to the bypass, he said he’ll need to install a circular driveway, which will take up a good portion of his front lawn. And because the route will pass so close to the three parcels, he wants compensation for the decrease in property value.
“We have had negotiations. We’ve talked. We’ve shared ideas,” Evans said.
While he knew the road would be near the property when he purchased it, he said he “was not aware of the impact of a six-foot elevated road” right next to his yard.
“I am asking that based on the numbers that the value determination be the impact of all three tax parcels and not just the roundabout section,” he said.
He also wanted permission to raise the level of his property so it doesn’t sit so far below the road.
“I moved to Heber for the quality of life that it provides,” he said.
Some councilors were more sympathetic to his requests than others.
Councilor Scott Phillips said he wasn’t on board to pay Evans for the lost value in all three lots, arguing that without the road, he wouldn’t be able to even access all of his property.
While no agreement was made Tuesday night beyond the council declaring immediate occupancy through eminent domain, Councilors Mike Johnston and Sid Ostergaard agreed to negotiate further with Evans.
“I would like to see open communication and cooperation,” Evans said.
He said some negotiations with the city in the past had felt like take-it-or-leave-it situations, and he didn’t think his quality of life had been properly considered.
“It’s my lifestyle and my horses,” he said. “I can’t take a trailer off a six-foot drop.”