HOOPER -- Some homeowners fought City Hall and won.
Owners of nine lots in the new Lakeview Farms subdivision asked, and the city agreed, to return a 20-foot-wide strip that runs along the back property line of all of the lots.
The city will retain an easement through the area, and residents will be restricted from building permanent structures on that portion of land, but their property will remain intact.
The city council members will vote later on an official resolution but took a roll-call vote to establish their approval of the action.
"We were told we were buying a half-acre," said Nanette Madsen, who lives at 6052 W. 5150 South. "We would like our property back."
"Everything we were sold from the developer was at a half-acre," said Bill Wiser, who lives at 5978 W. 5150 South.
"A year later, we received a deed by the title company saying it was in error."
The nine lots are between 5952 West and 6096 West on 5150 South and are next to a slough.
City officials said the land was thought to be needed primarily to maintain the proper amount of space for three retention ponds as well as two paths along the slough.
But City Council Chairman Jared Preisler said officials could release the land back to the property owners because the city had found out it did not need extra land for a stream alteration to accommodate a 100-year storm.
The 20 feet also would have been used to establish an equestrian trail and a walking trail.
City officials said the equestrian trail was scrapped some time ago.
Councilman Courtney Putnam said the land needed to be given back to the homeowners because the city did not proceed as planned.
"We took that land with the idea that we would have a train and an equestrian trail," Putnam said. "We abandoned the equestrian trail. We shouldn't have it. It's wrong to keep it if it was for that purpose."
And homeowners said there was plenty of room for a walking trail behind their properties without the 20 feet of extra space.
Property owners said they were not aware of an agreement to take away part of their properties for an expanded path until either late in the purchasing process or after they'd paid for their land.
Councilman Rex Simpson said he would like to see the city maintain an easement and that abutting residents need to be aware that no permanent structures would be allowed in the returned area.
He said residents would be allowed to build fences but must understand that city workers might need to destroy the fences one day should they need to enter a flooding slough immediately to take action.
Councilman Richard Hull said he believed the slough, for the most part, could be maintained from the road and no heavy equipment would be needed along the back property lines except in an extreme event.
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