Sedona settles eminent domain lawsuit over road extension

Via City of Sedona

By Tim Perry | Red Rock News

The Sedona City Council approved an agreement to settle the city’s pending eminent domain lawsuit with Jean McDonald, formerly the owner of 731 Forest Road, at its Feb. 14 meeting.

After the city authorized the route for the Forest Road connection in September 2021, city staff determined that the project required obtaining right-of-way or easements across 11 parcels with nine owners. The city was able to negotiate access to five of these parcels. The owners of the six remaining parcels refused the city’s initial offers of compensation.

The city began eminent domain proceedings against McDonald’s property, parcel 401-38-003E, in the Coconino County Superior Court on Feb. 28, 2022. On March 14, the city and McDonald agreed to stipulate to the city’s immediate possession of the property on the grounds that the taking of the property was for a public purpose. At that time, the city deposited $110,565 with the court, representing its appraisal of the value of the portion of the property it was seeking to condemn.

City staff and McDonald reached a settlement agreement on Jan. 12, 2023, with the city agreeing to pay McDonald just compensation of $256,000 for its takings, plus approximately $13,010 in interest. McDonald had previously sold the property on April 2, 2022, but reserved the right to receive the settlement amount as part of that transaction. The listing price for 731 Forest Road was $1.5 million.


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March 2023