Legacy of rebellion?

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FARMINGTON -- A recent $4 million jury award against the Utah Department of Transportation may embolden land-owners to fight the state in eminent domain cases.

It also may encourage the state to offer higher prices for condemned land, attorneys involved in eminent domain cases said this week.

Legally speaking, the case concerning the Thalman family of Woods Cross has no impact on other condemnation cases. Attorneys involved with similar cases, however, say it's a promising sign that juries are willing to pay more than UDOT offers.

Assistant Attorney General Randy Hunter, who often represents UDOT in condemnation cases, said the Thalman case was an "errant bullet" and will not change anything.

Attorney Rob Mansfield convinced a jury last week that a parcel of 237 acres in Woods Cross was worth nearly twice as much as UDOT had offered to pay. The Thalman family land was sought by the state as part of the Legacy Highway construction.

His clients' $4.3-million jury victory -- UDOT offered to pay $2.25 million -- might inspire UDOT to offer higher compensation rates to avoid unpredictable juries, he said.

"UDOT's offers are extremely low. I think juries realize they're low," Mansfield said. "From a practical point of view, it might make UDOT realize settlement is more advisable than a jury trial."

Hunter said the system of compensating landowners for condemned land is rigid, routine and fair.

"UDOT's offer has to be based on an independent appraisal,"

he said. "UDOT can't offer more than the independent appraisal. That would be unfair to taxpayers.

If the landowner wants more than the appraisal, he has to go to a jury. That's the system."

It's a system that works so well, Hunter said, 90 percent of landowners voluntarily take the compensation without forcing the state to move for condemnation.

One jury award unfavorable to the state won't change that system, Hunter said.

Attorney Miles Lebaron is embroiled in an eminent domain dispute with UDOT concerning 20 acres on the border of Farmington and Centerville. That land is also needed for Legacy Highway.

Lebaron said his client, Micro Investments LLC, had once talked to sporting goods chain Cabella's about selling the land. The owner claims it's worth $10 million. UDOT offered $755,000.

"My client is going to go the full distance (to a jury)," Lebaron said. "Part of that is just because UDOT, in our case, hasn't been willing to budge. They're pretty much sticking to their guns on this case."

Hunter said UDOT will not renegotiate offers in any case.

"If a jury wants to give the taxpayers' money away, that is the jury's prerogative," Hunter said. "But it's not UDOT's prerogative. UDOT has to respect the process and the appraisal it receives."

Mansfield, who represented other landowners affected by Legacy Highway condemnations, said he understands why UDOT tries to buy land at what he sees as bargain prices.

"UDOT really isn't different than any other person in the sense that everyone wants to get what they can, as cheaply as they can get it," Mansfield said. "But UDOT is different, because they are stewards to the public and they have the right to take your property."

The Thalman decision, he said, may encourage more landowners to fight for more money.

"People need to realize they can fight the government and they can beat the government," he said.

Hunter said the state is not trying to short-change landowners. He said his office must stay vigilant on behalf of taxpayers in the face of some landowners who jockey to get involved in condemnation cases on purpose.

"There are individuals who go out and buy land in the path of the highways, hoping to make a profit out of the condemnation. I can think of a couple of names I will not give you," he said.

Hunter said the Thalman family owned their land for generations and certainly are not land speculators. He refused to comment regarding other cases that remain active. Court records show UDOT has filed more than 100 eminent domain cases in Davis County since 2000. That's roughly 10 percent of the more than 1,000 land acquisitions UDOT coordinated for Legacy Highway, Hunter said. The others accepted the original offer without any objection, he said.

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