The Town of Gilbert has paid nearly $300K in legal costs associated with an eminent domain case stemming from the Hearne Plaza Garage in the Heritage District, and at least two more such cases could be on the horizon.
Courts found for the Town in its efforts to take a 755SF piece of land from business owner Marc Barlow for the garage project, but there was a $525K difference between the Town’s appraisal and Barlow’s. A judge ruled to use Barlow’s figure of $670K in October of 2020. Gilbert challenged the ruling and attempts at mediation failed earlier this year. A trial is scheduled for August 2023.
Gilbert’s legal and appraisal costs, to date, are $296,325, with more fees expected to be incurred before trial.
The Town’s controversial plan to take land from Gilbert and Maricopa County island residents on Ocotillo Road between Val Vista Drive and Greenfield Road could also end up in court. The Town claims it needs 65 feet on each side of the Ocotillo Road’s center for a widening project it calls essential for future infrastructure needs.
The Town’s original easement was 55 feet, and island residents claim they were not notified of the additional 10-feet demand until Town employees arrived on site to mark out the new easements. Some also claim the Town has overstated its land needs.
The Town has allocated $2.9M for land acquisition on the 46 properties in question, but many island residents are furious about the alleged lack of notice and have expressed no intent to sell. If agreements cannot be reached, eminent domain actions will follow, some or all of which are certain to end up in court.
The third eminent domain issue involves 24 homeowners near the Heritage District who were informed in 2020 the Town intended to acquire portions of their backyards to fix a deteriorating sewer pipeline along the Western Canal.
The pipeline is 36 years old, and even though there is a 25-foot utility easement along the back yards, access to the pipeline has become increasingly difficult due to resident activity, according to the Town.
Landowners opposed the Town’s acquisition plans, and Town Council last year hired civil engineering firm Entellus for slightly more than $225K to develop a plan without eminent domain. To date, there has been no public presentation of any recommendations. (Source)