OGDEN -- Weber County is starting condemnation proceedings again on a portion of 900 South.
The county filed the eminent domain action with the court three weeks ago and the commissioners unanimously voted to approve it, but Brice Penrod, the owner of the land being condemned, did not get a chance to speak before the vote and was not notified 10 business days before the vote was taken.
So at Tuesday's county commission meeting, the board did a re-do. The commissioners still unanimously voted to condemn the road, but Penrod was notified and did speak before the vote.
Deputy County Attorney Dave Wilson said the county has tried many times to negotiate a fair price for the portion of road it wants for access to a new construction and demolition landfill in western Weber County, but Counterpoint Construction, Penrod's company, wants too much money.
"Counterpoint Construction has a different view on what fair compensation is," Wilson said, "and we were hundreds of thousands of dollars, if not millions, off."
The county offered $7,750 for the road, he said.
However, Wilson said if a judge determines the road can be deemed public because of prior public use, the county will drop the condemnation.
Penrod said he and his family have spent $100,000 fighting the county since the beginning of the year. The landfill contract should be void, he said.
He said he was not surprised by the county's decision Tuesday and plans to appeal the state's decision to permit the landfill.
Wilson said he is not sure why the Penrods are upset, because they will still have access to their land and the property is in a heavy manufacturing zone, so a landfill is not an unexpected use.
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