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BY MATT GEPHARDT AND SLOAN SCHRAGE
KSLTV.com
OREM — The Utah Department of Transportation is buying up homes along 1600 N. in Orem to widen the road. But when they made Tim Vincent an offer for his, he says UDOT’s appraiser made a glaring mistake – not taking into account his automotive shop in his backyard.
UDOT sent Vincent an appraisal of $800,000. Thinking that was low, Vincent got his own appraisal which shows his property is worth $975,000. That’s a $175,000 gap.
“It’s a big chunk. It’s not just a little bit of money,” he said.
Vincent says he reached back out to the people taking his home.
“I sent them my appraisal. My attorney sent them my appraisal. And they just ignored it for a whole month,” he said. “The next thing we know, Christmas Eve, they slap us with a lawsuit.” UDOT is suing and asking a judge to kick his family out. Feeling like he’s being run over, Vincent asked Get Gephardt to investigate.
“I just want fair market value,” he said.
The law of eminent domain
When it comes to eminent domain, there are a lot of rules in Utah.
The property owner is entitled to “just compensation” for their property, the law says.
It also says UDOT is required to pay for “all buildings, structures, or other improvements” to a property – for example, Vincent’s shop out back.
And, UDOT is supposed to “negotiate before filing a lawsuit.”
UDOT lets their lawsuit do the talking
Get Gephardt wanted to ask UDOT about all of this; ask them to defend their offer and ask why they decided to sue rather than talk to Vincent. But after contacting UDOT, we heard back from a state lawyer saying they don’t comment on active litigation and attached a copy of their lawsuit.
In it, Utah’s attorney general is asking a judge to kick Vincent and his family out immediately, “to avoid waste of public funds resulting from project delay.”
As for what UDOT will need to pay Vincent, the lawsuit says they can figure that out later, “pending final adjudication.”
The lawsuit also states: “UDOT has made reasonable efforts to negotiate with the property owner.”
The looming threat of condemnation
Vincent says neither he nor his attorney feel like there has been any negotiation. Worse, Vincent says if UDOT gets its way, the judge will condemn his property, and his family will go homeless while awaiting a judge to settle on what their property is worth.
“I’m sick to my stomach,” he said. “I haven’t slept in a long time.”
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