Commission wants land condemned for West Belt Loop Road

'The last thing we want to do'

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The Wyoming Transportation Commission has filed two eminent domain lawsuits against landowners who don't want to sell their properties that lie on the path of the proposed West Belt Loop Road west of Casper.

The state doesn't relish land condemnation, which pits the rights of property owners against the public interest, said Ron Archuleta, assistant right of way administrator for the Wyoming Department of Transportation.

"We approach this very seriously," Archuleta said. "Our whole purpose is to acquire the property through negotiation. This is the last thing we want to do."

The proposed two-lane, 7.5-mile West Belt Loop Road would connect Wyoming Highway 220 about five miles west of Paradise Valley, extend north and then east, ending at U.S. Highway 20-26 west of Mountain View.

WYDOT has acquired or is in negotiations to acquire nearly all the other land, Archuleta said.

The landowners named in the lawsuits filed Sept. 29 in 7th District Court are Robert and Cynthia Schlidt, and Robert and Judith Bradshaw.

The Wyoming Transportation Commission wants about 29 acres owned by the Schlidts -- through their Flying Seven One, Two and Three limited liability companies -- immediately south of the North Platte River. Wells Fargo Bank also is named as a defendant in this lawsuit.

Of the 29 acres, the Wyoming Transportation Commission wants to permanently condemn about 26 acres for the road, and temporarily use the rest during construction.

The Schlidts are on sabbatical and did not return phone calls seeking comment.

Likewise, the commission wants about an equal amount of 29 acres south of the river from the Bradshaws and their family trust. The commission wants to permanently condemn about 25 acres for the road, and temporarily use the rest during construction.

Robert Bradshaw said he could not comment on advice of his attorney.

State law, Archuleta said, allows for the power of eminent domain to acquire rights of way for highways.

The Wyoming Transportation Commission has been talking to the Schlidts and Bradshaws for a long time about the location and price of the land, but to no avail, he said.

So the commission's members voted on Aug. 20 to acquire their land through eminent domain for the West Belt Loop Road, according to the lawsuits. "The public interest and necessity require the project, and the project is planned and located in the manner that is most compatible with the greatest public good and the least private injury."

The commission has set aside $143,180 -- $133,270 for the permanent acquisition, $5,910 for the temporary acquisitions, and $4,000 for damages -- for the Schlidts' land, which is the amount it offered in its last negotiations.

It likewise set aside $32,815 -- $31,765 for the permanent acquisition and $1,050 for the temporary acquisitions -- for the Bradshaws' land.

The issue of just compensation for acquiring private property remains unresolved, according to the lawsuits.

Besides condemning the land, the commission wants the court to appoint three appraisers who live in Natrona County to determine a fair sale price, according to the lawsuits.

Archuleta said the legal process is expensive, which further complicates the efforts to build the West Belt Loop Road.

"Just because we filed a complaint, we still want to try to resolve this amicably," Archuleta said.

Reach Tom Morton at (307) 266-0592, or at tom.morton@trib.com. Read his blog at tribtown.trib.com/TomMorton/blog

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