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Rocky pursues condemnation as border war boils
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated.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.

Salt Lake City Mayor Rocky Anderson already has condemned North Salt Lake's plan to develop unspoiled land it owns within the capital city's boundaries. Now he wants to condemn the land as well.

At a Wednesday rally, Anderson unveiled his plan to exercise eminent domain over 13 of North Salt Lake's 80 acres on the hillside straddling Davis and Salt Lake counties. Condemning the property, Anderson argued, would preserve the land as open space.

North Salt Lake Mayor Kay Briggs, who was also at the rally, scolded Anderson.

"Tell the truth, Rocky," Briggs shouted after Anderson's remarks. "You don't want open space."

Briggs then turned his attention to the crowd.

"The only reason they are doing this is to keep you out," he said. "We want people to be able to use [the land] and enjoy it."

To ensure water rights, North Salt Lake secured the 80 acres in 1949 through a condemnation order and now proposes to place homes, a park and a cemetery on a portion of the property. Anderson aims to use a similar tactic to prevent that from happening.

Anderson said he will file a motion in 3rd District Court seeking eminent domain over 13 acres on the northern edge of the property, while allowing North Salt Lake to retain the water rights. In exchange, Salt Lake City officials are offering $51,188 for the land - a sum they claim is a fair price for one of the last untouched remnants of the shoreline of ancient Lake Bonneville, which once covered much of Utah.

"Now, simply for the sake of money, North Salt Lake wants to destroy the pristine nature of this remarkable property, forever depriving future generations of this scenic, vitally significant 'geo-antiquity,' " Anderson said. "I am taking this step to ensure that the interests of the public now and in the future are met."

He intends to exercise eminent domain as a pre-emptive strike against North Salt Lake officials, who are preparing to ask a court to disconnect the property. Last month, the Salt Lake City Council rezoned the land as natural open space, effectively denying North Salt Lake's request to de-annex the land.

Briggs wasn't alone in his protest. As Anderson spoke, North Salt Lake Planning Commissioner Natalie Gordon stood next to him and waved a placard that read: "Stop Bullying Your Neighbors."

"Hold a rally and you never know who's going to show up," Gordon said. "If Salt Lake wants open space, they can buy it. They have bigger coffers than we do."

Briggs wandered through the crowd, holding a handful of photographs. Some of the photos depicted North Salt Lake's plans to build trailhead park to serve as "a gateway" to 100,000 acres of Forest Service land farther up the hill. Others purportedly showed large homes currently under construction on Salt Lake City's side of the hill.

"This is hypocrisy, that's what it is," Briggs said.

Salt Lake City Councilman Dave Buhler disagrees with Anderson's go-it-alone approach.

"It's unfortunate the mayor has taken this action, especially unilaterally, to invoke eminent domain without council support or approval."

He said he was going to "explore" if the council should take legislative action to force the mayor to seek council approval for eminent domain. But City Attorney Ed Rutan said the mayor has the authority to sign a condemnation order on his own.

Council members will ultimately have a say because they must agree to spend money to buy the property. Buhler said he would agree in a "heartbeat" to buy land if it was inexpensive, but noted Briggs has said it would cost millions. "We haven't appropriated that," Buhler said.

lorib@sltrib.com

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Tribune reporter Heather May contributed to this story.

Northern acreage: He says his plan will save the 13 border acres from N. Salt Lake development
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