Standard-Examiner: Wolf Creek Files Eminent Domain Action Against Summit

Looks like "peace-makin"" ain't in the cards

In the interest of kickstarting a possible WCF discussion, we'll take note of an interesting development in what we've labelled the ongoing Ogden Valley "Water War." Specifically, Standard-Examiner reporter Cathy McKitrick reported over the weekend that "[t]he Wolf Creek Water & Sewer Improvement District has launched eminent domain proceedings against Summit [Powder Mountain Group], in an effort to gain control of the land [five or six acres] on which the district’s sewer treatment plant, lagoons and irrigation pond sit, " [Links added].

Check out Ms. McKitrick's full story, folks:

• Wolf Creek files eminent domain action against Summit

Cutting to the chase, here's a nice thumbnail synopsis of the legal requirements of Utah eminent domain law, for the benefit of those Weber County Forum readers (Ogden Valley residents in particular) who may have a keen interest in carefully following and interpreting this fast developing story:

• BRIEF REVIEW OF UTAH EMINENT DOMAIN LAW BASICS (PDF)

Upon our initial review of these above rules, it appears that Wolf Creek Water & Sewer Improvement District has already satisfied the the pre-condemnation requirements for the initiation of an eminent domain proceeding,and that this matter is now "ripe" for adjudication in Ogden's 2d Utah District Court.

A possible "fly in the ointment?" Summit has a concurrent unlawful detainer (eviction) action still pending against Wolf Creek Water & Sewer Improvement District, concerning the same "subject" property. The ultimate irony, of course, would be a scenario wherein Summit might manage to oust  Wolf Creek Water & Sewer Improvement District in this eviction action, prior the the Wolf Creek District's perfection of its separate condemnation action.

Several weeks ago the Standard-Examiner urged these two warring Ogden Valley entities to "bury the hatchet":

• Our View: Make peace in Ogden Valley water war 

Sadly folks, that's just the opposite of what's happening at this juncture.