As Provo City moves forward with the process to build the Provo Westside Connector road, this includes the acquisition of the necessary property. Some property owners in the affected area do not agree with the current valuation of their property. While acknowledging that the city does have the power of eminent domain, these owners wish to continue negotiations over fair market value.
At Council Meeting on Oct. 1, 2013, the Council agreed to continue negotiations with property owners, but also laid plans to move forward with eminent domain if they are unable to resolve a mutually agreeable solution. Seeking an authorizing resolution for condemnation proceedings, and even filing documents with the courts to seek condemnation of property is very common in this type of situation. However, it is rare for the courts to actually make the final determination in these matters. Normally, negotiations continue even after the filing of court documents and the parties eventually reach an agreement regarding valuation.
Deputy City Attorney Brian Jones offered the following explanation of the process the City is going through here.
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