City of Sedona quantifies cost of eminent domain in Oak Creek Cliffs at $6.6 million

By Carl Jackson | Sedona.biz
 
Sedona, AZ - In early January, 2008, Sedona.biz informed our readers that the City of Sedona decided to study the cost of possibly exercising its right of eminent domain to make way for a new bridge across Oak Creek, on private property in Oak Creek Cliffs, that would provide access to land locked parcels in National Forest land owned by Tobias-Flynn.

On Tuesday, February 12, 2008, the Sedona City Council met to review those costs, decide whether there are sufficient grounds to condemn the existing property, and consider the likely long and difficult negotiations and potential lawsuits that could arise relating to Arizona's Proposition 207: Private Property Rights Protection Act.

Proposition 207 limits the use of eminent domain to property taken for public use; and requires that the land owner be compensated for the land taken including any diminution of value.

As background, 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 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.

Although there is currently a low lying private crossing across Oak Creek on private property in Oak Creek Cliffs that could be used, Tobias-Flynn and the Oak Creek Cliffs Homeowners Association have been unable to 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.

Although the proposed roadway would cut through the Coconino National Forest, it would also reside within Sedona's city limits.  Therefore, the City Council believes that it might in the public interest to provide public access to the Tobias-Flynn parcels by condemning the low lying bridge in Oak Creek Cliffs and replacing it with a new bridge.

Any new bridge would need to meet the City's 100 year flood standard.

According to City staff, the new bridge would have to be about 460 feet long to properly span Oak Creek at one to two feet above the creek’s 100-year flood level.

The estimated cost to design and construct the bridge and roadway, and purchase the land from the existing Oak Creed Cliffs owners (including legal costs) would be about $6.6 million.

City staff estimates that it would cost Tobias-Flynn approximately $7.5 million to construct a road and bridge through the National Forest on their own.

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