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23 light-rail land deals in Mesa are stalled

By Gary Nelson The Republic | azcentral.com Mon Mar 25, 2013 9:38 AM

Eminent domain will be used, if necessary, to acquire the last few pieces of land required for Mesa’s light-rail extension.

The City Council authorized that step recently after city staffers said talks had stalled on 23 parcels that Metro light rail needs for right-of-way and easements.

With work under way on the extension from Sycamore Street to east of Mesa Drive, time is running short for Mesa to acquire the tracts.

City engineer Beth Huning told the council in a report that 64 owners have agreed to terms on 100 properties along the 3-mile route. But 17 owners have either not responded or made what the city views as unreasonable counteroffers.

The parcels still on the table are in most cases mere slices of the overall property. The slivers of land along Main Street are needed for vehicle traffic, utility easements and, in some cases, temporary construction access.

Of the acquisitions needed for the project, only eight involve entire properties. Several on the northeastern corner of Mesa Drive and Main Street will be acquired for a park and ride, and city officials said good-faith negotiations for those tracts are ongoing.

Five other properties will require major remodeling as right-of-way acquisition shaves off parts of buildings.

Use of eminent domain isn’t automatic even after last week’s council vote. Huning said Mesa’s real-estate department will continue negotiating with landowners and, in accord with state law, will pay “just compensation” for their parcels.

Mesa will launch court proceedings only when mutual agreement is impossible, Huning said.

Huning’s report listed 23 properties still to be purchased and gave reasons for the holdup.

In some cases, either the owners or their attorneys have not responded to Mesa’s offer. In others, the owners have demanded amounts far in excess of appraised value. The owner of an apartment complex on West Main Street, for example, countered with an amount that was three times the original offer.

In a letter to the property owners, Mesa said Metro intends to begin widening Main Street as early as April.

“This gives us less than two months to acquire the needed property and/or property rights before construction begins,” the letter said.

Utility work along West Main Street began last year, and construction will roll through the downtown core this summer.

Construction of the tracks and four stations is to begin at midyear and continue until mid-2015. The approximately $200 million extension is to be finished by late that year.

Either shortly before or immediately after the trains begin running to Mesa Drive, Metro will begin building another 2 miles to Gilbert Road that will open in 2017.