By Claudia Bradley

The San Juan County Council voted unanimously Tuesday to acquire by eminent domain privately owned property along the route of the Fisherman Bay Road Improvement Project.

Five of the six property owners shared their concerns and objections at a special session of the council, Feb. 26 in the Lopez Community Center.

The Fisherman Bay Road Improvement Project runs along a two-mile stretch of Fisherman Bay Road from Military Road to Hummel Lake Road (the bicycle barn to the library). The project would widen the lanes and shoulders for vehicle and foot traffic, soften the curves of a dogleg section, and bury utilities and improve drainage.

All of the property owners support the construction of a wider, safer road and a 25 mph speed limit but voiced concerns about how the loss of their land along the right-of-way will affect their property and property value.

Barbara Grant said her property was appraised as unimproved land although it has electricity, sewer, telephone, water and two driveways. She said the settlement offered by the county is well below the property’s actual worth.

“I just want an appropriate appraisal,” Grant said.

Richard Cade said the project description is flawed. He believes the county should furnish each affected property with a more exact survey of how the right-of-way will impact that property owner. Furthermore, Cade was disappointed and offended by the offer the county has given him for his property.

“They used old and outdated information to make their appraisal,” Cade said.

Doug Sar, attorney for Casey Jennings of K&B Enterprises, which owns the Keep It Clean on Lopez Laundromat, said his client supports the improvement of Fisherman Bay Road but is concerned about how it will impact his business. The loss of land may adversely affect the conditional use permit for the business, may reduce the drainfield needed to process 6,000 gallons of water used per day by the business, and require substantial capital outlay for a specialized water treatment and septic system.

In addition, the loss of land cuts directly into the access to the business and parking for customers.

John Yukluk also said that the appraisal of his land is low and based on outdated information. His biggest concern is the potential impact to his well, which is located only 35 feet from the existing roadway. Moreover, the negative impact to the well may preclude him from remodeling his home if the well fails to produce the required volume, requiring the drilling of a new well.

Ron Meng of Cross Road Arena is concerned about the loss of the landscaped berm which separates the horseback riding arena from the road. His request is that the county provide and maintain landscape screening to ensure the safety of children and horses that use the non-profit facility. Meng indicated that the county failed to keep its promises in an earlier road-widening project that has adversely affected his business at Islands’ Marine Center.

San Juan County Deputy Prosecuting Attorney Karen Vedder outlined the procedures for adjudicating and resolving the complaints of property owners. Each property owner is entitled to $750 toward an independent appraisal of their property.

“Negotiations will go on even under condemnation procedures,” Vedder said. “Failing that, a judge or jury will come up with a fair-market value for the property.”

Wikipedia says the term “condemnation” is used to describe the act of a government exercising its power of eminent domain to transfer title to private property from its rightful owner to itself.

“Condemnation via eminent domain indicates the government is taking the property or an interest in it, such as an easement. In most cases the only thing that remains to be decided when a condemnation action is filed is the amount of just compensation, although in some cases the right to take may be challenged by the property owner on the grounds that the attempted taking is not for a public use, or has not been authorized by the legislature, or because the condemnor has not followed the proper procedure required by law.”