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Ogden mayor objects as anti-big-box bill gets nod
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Ogden's mayor was on Capitol Hill Monday, trying to persuade lawmakers and the governor's office not to stymie his plan to replace a dilapidated neighborhood with a Wal-Mart.

A bill that could do just that, Senate Bill 184, passed the Senate, 29-0, on Friday.

“They have good intentions and don't understand the consequences of what they are doing," Matthew Godfrey said.

But Rep. Joe Murray, D-Ogden, has agreed to propose an amendment to the bill, which would essentially grant "grandfather" status in two downtown projects that are vital to the city, Godfrey said. SB184 should hit the House floor today or Wednesday.

The city is about to initiate condemnation proceedings and use eminent domain, if necessary, to acquire property for Wal-Mart in a 21-acre neighborhood along Wall Avenue. Most of the owners of 34 homes and eight businesses have agreed to sell, but more than a dozen refuse.

The second project entails 60 acres north of the LDS Temple and along the Ogden River, where aging homes and businesses would be replaced by homes, retail shops and restaurants.

SB184 already might allow those projects to go ahead - legal opinions differ - but the city wants the amendment to make it clear, Godfrey said.

Murray's amendment would allow the use of eminent domain when a city already has a contract for a redevelopment area and has entered the contract relying on that power, Godfrey said.

In the Wal-Mart case, the city has a contract with the retailer requiring it to assemble the 21 acres by next month. Cottonwood Partners of Salt Lake City has signed a preliminary contract to develop part of the Ogden River Project.

The sponsor of SB184, Sen. Curtis Bramble, R-Provo, has said Ogden's Wal-Mart project is a “perfect example” of the kinds of projects he sought to stop with the legislation. It's bad public policy, Bramble said, to push people out of their homes so the land can be sold to Wal-Mart.

kmoulton@sltrib.com

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