City of Sedona mulls condemning private property in Oak Creek Cliffs

By Carl Jackson | Sedona.biz
 
Sedona, AZ - At the Sedona City Council meeting on Jan 8th, the City Council had to decide between the lesser of two evils:  allow a 3/4 mile swath of roadway to be cut through National Forest land, or use its power of eminent domain to possibly condemn private property in Oak Creek Cliffs next to the Poco Diablo Resort off of Hwy 179.

How did it come to this?

Between the Airport Mesa and Oak Creek, with Oak Creek Cliffs Drive, Doodlebug Road, and the Poco Diablo Resort to the east, and Chavez Ranch Road to the south on the west side of the Oak Creek, there are 27 acres of undeveloped land owned by local real estate agent Bruce Tobias (1 parcel) and Robert and Carol Flynn (2 parcels).  The land can accommodate up to 20 homes. (the zoning allows for one home per 3/4 acre lot.)

Source: Tobias-Flynn Environmental Study

The problem? 

The undeveloped parcels are land locked, and the only legal solution is to create an access way through National Forest land, either by extending Chavez Ranch Road, or constructing a 3/4 mile, 24 foot wide, paved access route beginning at Oak Creek Cliffs Drive, approximately 200 feet west of its intersection with SR 179, that would travel parallel to SR 179 southwest and then turn toward Oak Creek; at which point a 450 foot long bridge crossing Oak Creek would be constructed. The bridge would be 70 feet high on the north end and 40 feet high on the south end.

A possible solution? 

There currently exists a low lying private crossing across Oak Creek on private property in Oak Creek Cliffs that could be used.

The frustration?

After years of legal wrangling and negotiations, and despite the cajoling of the Sedona City Council, Tobias/Flynn and the Oak Creek Cliffs Homeowners Association could not resolve the matter; leaving Tobias/Flynn with their only option to exercise their legal right under the National Environmental Policy Act (NEPA) to obtain an easement in the Coconino National Forest from the National Forest Service.

Cased closed? 

Not so fast.  Although the proposed roadway would cut through the Coconino National Forest, it would reside within Sedona's city limits.  Therefore, the City Council could use its power of eminent domain to condemn the existing private road and private crossing in Oak Creek Cliffs, and replace the low lying crossing with a new bridge that would be constructed to meet the City's 100 year flood standard, and provide access to the land locked parcels.

Some City Council members appeared frustrated that Tobias/Flynn and the Oak Creek Cliffs homeowners couldn't resolve the issue on their own.  Said Vice Chairman Jerry Frey, "Aren't the [Oak Creek Cliff homeowners] the ones who whine every time the Creek floods?  You'd think they'd want a new bridge."

Tobias/Flynn indicated that they are prepared to participate in the cost of condemning the private property in Oak Creek Cliffs, and the construction of a new roadway and bridge, but not for more than they would otherwise spend to construct a roadway and bridge through the National Forest land, which Mr. Tobias estimated could be $3-$4 million.  Said Mr. Tobias, "Since the residents of Oak Creek Cliffs would benefit, and the City would preserve open space [in National Forest land], I can't say at this time what level of participation we'd commit to."

A small portion of the land that would be condemned would include National Forest land and an easement would need to be obtained from the National Forest Service.  According to Judy Adams, Red Rock District Ranger, the National Forest Service is willing to consider granting an easement, but only once the City of Sedona demonstrates that it is serious about its intent to consider a possible condemnation.

Said Council member Harvey Stearn, "Purchasing private property and constructing a new road and a bridge could cost millions.  I wouldn't be surprised if the total cost was $5 or $6 million, but I really don't know at this point...I'll bet my bottom dollar that the City isn't going to come out of this without spending a lot of money.  I can't in good conscience vote to proceed when we have no idea what the City's costs might be."

Said Mayor Pud Colquitt, "We could be in the [condemnation process] for years and end up spending a lot of money.  There are a lot of other more important issues facing the City that effect thousands of people, like fixing Hwy 89A in West Sedona.  As much as I would like to preserve Forest land, the City has to set priorities and, unfortunately, right now this isn't one of them."

Said Council member Rob Adams, "It's really unfortunate that the homeowners and Mr. Tobias couldn't reach a resolution.  Cutting through the National Forest is not something I want to see."

In the end, the City Council voted 7-0 to defer the matter for 30 days to further study the issue and develop cost estimates to condemn the property in Oak Creek Cliffs and construct and new roadway and bridge.

[Home Page] [News Home Page] [Back to Community Page]