Mesa City Council Approves Bold Plan To Seize Private Property - Seeking A Notice & Demand For Order of Immediate Possession

 Why the rush now when this 8-acre parcel in Northeast Mesa has been family-owned by an estate attorney's family for more than 60 years? He's transferred ownership to a Christian church with the intended purpose to build a retirement home. City officials made a low-ball offer on the undeveloped property back in December 2018. Now they want to seize it using eminent domain 'as a public necessity'
What's the story here in Mesa?
Most conservative Republicans rave about limiting the role of government when it comes to property rights - it's the opposite here in this special case.
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See this: https://law.justia.com/codes/arizona/2005/title12/01116.html
> 2005 Arizona Revised Statutes - 
 Revised Statutes §12-1116  

Actions for condemnation; immediate possession; money deposit  
> View the 2018 Arizona Revised Statutes |
> View Previous Versions of the Arizona Revised Statutes
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Disclaimer: These codes may not be the most recent version.
Arizona may have more current or accurate information.
We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site.
Please check official sources.
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A. All actions for condemnation shall be brought as other civil actions in the superior court in the county in which the property is located except that, at least twenty days before filing an action for condemnation of property or any interest in property, the plaintiff shall deliver to the property owner of record and as a courtesy to the sole lessee of record, if applicable, according to the records of the county recorder in the county in which the property is located:
1. A written offer to purchase the property or interest in the property and to pay just compensation for the property or interest in the property and for any compensable damages to any remaining property.
The offer must constitute the plaintiff's estimate of just compensation. . .
BLOGGER NOTE: Estate attorney and property owner Wetzel told The Arizona Republic he would consider selling the land for “at least $15 to $20 million.”   
NOT 'the meager proffer' made by city real estate acquisition officials. Furthermore
Wetzel said if Mesa exercises eminent domain, he and the nonprofit will oppose it because the price the city is offering is “a pittance” and “a miserly amount of money.”

2. One or more appraisals that support the amount of the proposed compensation.

B. Except for special taxing districts formed pursuant to title 48, chapter 17 . . .
BLOGGER NOTE:
There are qualified and designated census tracts
in Northeast Mesa that are classified as Opportunity Zones in 2017 Tax Credits & Jobs Act.
This might help to explain the offer of just over $2M made to the owner in December 2018.
There's a loophole in the TCAJA that also permits high income tracts to be included as long as they are somehow contiguous to distressed tracts.

C. For special taxing districts formed pursuant to title 48, chapter 17 . . .at least twenty days before filing an action for condemnation of property or any interest in property, the plaintiff shall provide notice of the offer and appraisal by delivering to all property interest holders of record the notice that an offer has been made and an appraisal has been conducted. The notice does not apply to lessees of record if the lease or other written agreement governing the interest holder's rights in the property provides that the property interest holder would not be entitled to condemnation proceeds.
E. At the time of filing the complaint, or at any time after filing the complaint, the plaintiff may apply to the court for an order permitting the plaintiff to take possession of and use the property sought to be condemned for the purpose prayed for.
F. The superior court may waive the requirements of subsection A, B, C or D of this section if the court determines that the plaintiff will suffer immediate and irreparable harm that outweighs the property owner's or lessee's interest.
G. On filing the application, the court shall set a time for a hearing.
Notice shall be served on the parties in interest by personal service within the state, or by publication if without the state, in any manner as the court directs.
H. On the day of the hearing, if it appears that the use for which the property is sought to be condemned is a necessary use, the court shall receive evidence as to the probable damages to each owner, possessor or person having an interest in each parcel of land sought to be condemned and of any unpaid property taxes that have been levied, including penalties and interest, on the property sought to be condemned and may direct that on a deposit of money, on direct payment to each owner, possessor or person having an interest in each parcel, or if the condemnor is the state or a county, city, town or political subdivision of this state, on posting a bond in a form to be approved by the court, the plaintiff shall be let into the possession and full use of the parcels of land, as described in the order, for the purposes specified in the order.
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Headline story for AZ Central: https://www.azcentral.com/story
Mesa wants to take land through eminent domain.

Owner says he's being shorted

Alison Steinbach, Arizona Republic 

Published 9:10 a.m. MT Sept. 24, 2019 | Updated 3:03 p.m. MT Sept. 24, 2019

"The Mesa City Council approved Monday for the city to acquire eight acres of land, likely through eminent domain, to construct a new public safety facility for police and fire departments. 

Eminent domain is a government’s right to seize private property for public use if necessary, while paying the original owner “just compensation.”  

FACTOIDS EXTRACTED

> Mesa appraised the land at just more than $2 million in November, but the property owner told the city its appraisal was too low and that he was working on a counteroffer.  

> The property owner, Cornville-based lawyer Paul Wetzel, told The Arizona Republic he would consider selling the land for “at least $15 to $20 million.”  

> The city said it has yet to receive Wetzel’s counteroffer, prompting its request for the council to move forward. In March, the city informed the property owner Mesa could exercise its power of eminent domain if a deal was not reached.  

> The city can now acquire the land “through eminent domain, as a matter of public necessity” in order to avoid further delays in breaking ground on the facility

> Mayor John Giles said Mesa’s rapid growth has caused challenges like maintaining quick public safety response times. 

“That was the compelling story we went to our voters with last November, and they agreed, and they’ve authorized us to build new police stations and fire stations,” he said. 

> Wetzel said he thinks eight acres is more than the city needs for the facility, especially considering other fire stations take up only two acres.
He thinks other parcels of land near him could be combined and would be cheaper and better fitted to the city’s purpose.  

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BLOGGER NOTE: Clearly, based on past practices, Wetzel appears to be correct in his assertion that the proposed city facility would only take up two acres.
 Any reasonable person might ask What is the City of Mesa planning to do with the extra 6 acres?
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> Council members were largely in agreement that the land should be acquired and the public safety facility built as soon as possible. 

“I’m all on board,” Vice Mayor Mark Freeman said at the study session. 

City Manager Brady said this would be an important addition to the northeast Mesa neighborhood. . . “For a lot of people, you drive by a fire station or a police station, there’s a sense of security.”  

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'A miserly amount of money'

Wetzel said the land has been in his family for nearly 60 years, and that he transferred it to Grace Chapel at Glen Eden, a Christian nonprofit organization, with the hope of building a religious retirement home there.  

Wetzel said if Mesa exercises eminent domain, he and the nonprofit will oppose it because the price the city is offering is “a pittance” and “a miserly amount of money.”

He said the nonprofit needs revenue to fund its projects like church-building and well-building, “but I just don’t feel right about such a small amount of money for eight acres.”  

“I’m not out to try to stop the city of Mesa,” he said. “I'm willing to deal with them if they are going to be reasonable, but their 2.1 (million dollars) is not reasonable.”  

But Giles said the city must push forward.  

“The real estate investor that owns this piece of property, I think is certainly going to do what they need to do to get their best price, and that’s good for them, but let’s go through the process and pay them what’s fair and get this built as soon as possible,” Giles said. 

The city expects the facility to be up and running starting in 2022.  

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