OGDEN -- Weber County amended a landfill operating agreement Tuesday to put the costs of obtaining access to the landfill on the future operator, Randy Moulding.
The three amendments require Moulding to repay the $20,000 or more the county has spent on outside legal counsel, plus any costs paid as a result of the eminent domain proceedings the county is currently in with an adjacent landowner, Brice Penrod, and to extend the agreement past closing.
The amendments were unanimously approved.
Penrod, president of Counterpoint Construction, and his family have been fighting the creation of the landfill for nearly a year, saying that Moulding misled them in a business deal, the county refused to consider other options and the landfill will devalue their land.
The county began eminent domain proceedings against Penrod in November for an access road that is on his land. He spoke at the meeting, condemning the county's receiving compensation for eminent domain costs and saying the contract should be invalid.
"I'm going to word this as strongly as I can," he said. "I don't think any portion of your eminent domain authority should be for hire to a private entity."
Being compensated for eminent domain costs by an outside person or group is not illegal or particularly unusual, said Brent Batemen, lead attorney in the Office of the Utah Property Rights Ombudsman.
The important thing is whether the property was taken for a public purpose. Bateman said it does not matter who will run the land or where the money comes from as long as the property owner receives just compensation.
Penrod also said the commissioners shouldn't even be able to amend the contract, because a 30-day due diligence period expired about a year ago.
Deputy County Attorney Dave Wilson said the contract is still valid and the amendments simply reaffirm the commitment.
The Penrod family also is suing the county for what they believe was a bad-faith action.
They also are protesting the landfill permit with the Department of Environmental Quality.
The county is not only in eminent domain proceedings, but also is suing to get the road recognized as public by prior public use. In the meantime, the county has been granted occupancy of the road.
Penrod said he's not sure how much longer he can fight, because the family is running out of money.
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