By Myrna Trauntvein
Times-News Correspondent
A jury awarded a comprise amount to the property owner in
a dispute with Juab County over payment for ranch land acres
in an eminent domain conflict.
A few years ago, property belonging to Cliff Jensen was
added to the Juab County Fairgrounds west of Nephi. The
property, 8.9271 acres, was appraised by two independent
appraisers retained by the county commission.
Friday, in the fourth district court in Provo, the jury
found that Jensen should receive $9,500 per acre in
compensation for the land. The jury did find that the county
did not conduct "an arm's length transaction."
"That amounts to, approximately, $63,000 more for the
land than the county had offered to pay," said Wm. Boyd
Howarth, commission chair.
Jensen had wanted $15,000 per acre and the county had
offered $3,500 per acre.
Both of the appraisers working for the county, Blaine
Hales and Duane Price, determined, using 15 comparables,
that the land was worth $3,500 an acre.
A third appraiser was retained by Jensen. He determined
there should be the higher value placed on the land.
Max Williams, who purchased a piece of land from Jensen,
said he had paid $15,000 per acre for the land.
"Williams said he had purchased the land through a
cattle/land trade, giving Jensen the cattle needed to fully
compensate Jensen for the land," said Howarth.
Recently the Don Jones property in Nephi was sold for
$4,000 an acre.
"We thought David Leavitt, county attorney, proved the
land owned by Jensen, did not compare with some of the
recent sales because those sales involved land that had
culinary water, natural gas services, and sewer," said
Howarth.
The county fairgrounds does not have sewer and, it has
been estimated, that it would cost $150,000 to take the
sewer line to the fairgrounds.
Nevertheless, the jury did find that Jensen should
receive the $9,500 per acre figure.
Commissioner Robert Steele, Joseph Bernini, and Howarth
said they wondered how the jury had come up with the figure
of $9,500 as the price Jensen should be compensated by the
county for the property.
Howarth's theory was that they had added $15,000 and
$4,000 then halved the amount resulting in $5,500 as the
difference between what the county would offer and what
Jensen was seeking.
Then that amount was added to the $4,000 making the
figure $9,500, he said.
"Of course, we have no way of knowing how the jury
arrived at that figure of compensation," said Howarth. "This
is just conjecture on our part."
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