Herriman Main Street is being widened, but not without some frustration. 

The project, having been in the works for years, faced a critical juncture in March and April. 

“It is a very rough road in need of repair,” Assistant City Engineer Bryce Terry told the council in March.

In order to proceed with a project that stretches the road to three lanes, installs bike lanes, a park strip and sidewalks, they had to encroach on residents’ properties who would be affected. 

Traditionally in these situations, cities will pay a third-party determined fair market value for the property being taken, negotiating with those residents to finalize price and install roadway improvements. 

With the main street project, city officials requested eminent domain, a legal process whereby cities can acquire privately owned property, on 10 different properties. While the acquisition process reportedly went smoothly for some, others felt differently. 

The Herriman City Council unanimously approved the eminent domain action at the end of March. City staff noted the timeline for the project was compressing due to a mid-April deadline as they needed to reinstall existing irrigation as part of the process, finish negotiations so Rocky Mountain Power can begin moving their poles and a need to establish the safe walking routes from 7300 West to the new Oak Leaf Elementary by August when school opens.

“That adds another layer of urgency to this project,” Terry said. 

While Terry said the majority of the negotiations went well, there were several properties yet to agree. The disputes centered around fair compensation and, most significantly, where the existing property line ends. Residents argued they own up to the center of the roadway and therefore felt the price should be higher. But city staff said its where the road ends, as state code says if the road is used for more than 10 years as public use, it is then dedicated for public use. 

Councilmembers and staff both noted the property line dispute would need to be decided by another party, with the city attorney pointing to the state ombudsman as the most likely mediator. 

Staff hired a professional surveyor to properly identify where the line is to show how much property they need to acquire.

Terry said each parcel of land was professionally appraised with offers sent at the end of January. State code requires a minimum of 30 days of negotiation. Terry said they about doubled that length trying to find a solution. 

With certain projects Terry said they could find ways to work around the delays, but had “hit an impasse for these properties.” 

Some residents questioned the city’s tactics with Chad Dansie—who lives on Herriman Highway—saying officials and Herriman-hired acquisition agents were threatening condemnation of their land unless he and his neighbors signed vague paperwork. 

“This is bullying, straight and simple,” Dansie told the council in March. 

Dansie said they weren’t against the project, but were unhappy with the process and what they deemed a “lack of transparency,” especially since an open house on the project wasn’t held until February, rather than last year. He also argued many neighbors didn’t hear of their property being acquired until very late in the process, though city officials said all state mandated noticing requirements were met. 

Councilmembers noted this was not an easy decision and empathized with residents’ unhappiness. In the end, the council agreed all necessary steps were taken by city officials. 

Negotiations could still continue even after the eminent domain vote, as Terry and the council indicated a preference to find a fair settlement, though residents did have the option to approach the state ombudsman to redo the property appraisals or determine the property line.  

“I hope we can continue to negotiate,” Councilmember Sherrie Ohrn said during the March council meeting.   λ