Hancock Family Seeks Solution To Property Issues

As part of that initial discussion one of the things that Lautz endeavored to do was to consult with Lawyer’s Title, define where unused rights of way exist and do not exist and determine how they are viewed, such as fee simple interest.

“I have a fairly good understanding of where they do exist and in most what potential issues may exist as it relates to those unused public rights of way,” said Lautz.

Lautz said that with regard to the 900 East to 1000 East right of way between Cattle Lane and Center Street, it has never been developed, but it would be speculation as to whether or not they would be the subject of development in the future.

Lautz said that in reviewing minutes it is unclear if there had been any discussion or agreement regarding compensation for that abandonment and it was unclear if the council understood that under state law compensation would have to occur to have that abandonment.

Lautz explained that he wants to make sure this is done legally and said that at this time he is waiting for a colleague who is dealing with litigation in their own town for the same situation.

He acknowledged that the Hancock family approached the town council in 2005-6 regarding this stating, “For whatever reason there was no follow through,” noting that as legal council he has been doing additional legal research and that a fee simple abandonment can and often is a legal issue so he requested he have 30 days to get a more definitive answer.

Lautz said in response to a question posed by Councilman Lynn DeWitt asking why with all the other streets around this having a 100’ right of way for roads would the town want to approve a 50’ right of way and that in the minutes the town was silent on the motivation for that.

Bill Hancock explained to the council that in 2005 they were trying to resolve the family estate and felt that most subdivision plats have a 30’ to 40’ right of way. He said abandonment goes back to the Hausman problem and that the seller didn’t indicate ingress or egress so the town got involved and created a settlement for $15,000.

Eddie Hancock gave a quick history of his great grandfather who came to Taylor on Jan 1, 1880, and homesteaded this area and that subsequent sales did not address this issue. He said that the irrigation follows the curvature of the road at 900 East Center and that the curved road was accepted from 1880 to when the Hausman’s bought it in the 1970s stating, “With the transaction there was not clear definition of the property, so we’ve been trying, as congenial as we can, to get this abandonment.”

Councilman Shawn Palmer pointed out that the Center Street road ends there. Eddie pointed out that the Hancock’s have paid taxes on all that property, the town has never paid taxes on it stating, “So as kindly as we can we’re asking for consideration to get this little section abandoned.”

Bill explained that his grandfather agreed to move the irrigation ditch in the 1880s, but it was never done legally. “If the city were to push a road through there it would raise havoc with the irrigation right there,” said Mayor Fay Hatch.

“Apparently a former council thought buying the Hausman property (would solve the problem),” said Hatch, and asked if anyone knew why it was not finished.” Eddie explained that the attorney didn’t finish this and then talked about procrastination.

“This was decided on and settled months ago, it didn’t just get through the pipeline,” said Eddie who went on to tell council that when his great grandfather came here he owned both of the properties and that the minutes with the Church of Jesus Christ of Latter-day Saints would show how this played out. He said they would like to get this cleared up, as it is an old subject.

“To tell this little guy,” said Hancock, pointing at Bill, “That we want to table this one more time, that’s a bunch of crap. We get work done by making our very best judgment, study it out,” said Eddie noting that this is probably the seventh council that has heard the same story and expressed rather unkindly that legal council needs to get this taken care of.

“The simple and short answer is, the town has discretion to determine what the fair market value is,” said Lautz and explained that when abandonment occurs the town must be compensated noting, “That’s something unclear in the previous minutes.” Lautz said he appreciated Eddie’s frustration, but his role is to bring closure and finality to the council and it is not his goal to delay unnecessarily and recommended this be on the August agenda noting “A mere 30 days, when we’re talking about nine years of history, to make sure what is done is done correctly and on the statutory scheme.”

Eddie responded they have actually been working with councils for close to twenty years and went on to say that the Hancock family has never been compensated for giving land and they have continued to pay taxes on this land.

Eddie said that not one of the councilors contacted him, Bill or Donna Hancock Hall who were present. “I don’t like another 30 days, let’s man up,” said Eddie.

“I really hate to see frustration,” said Councilor Shawn Palmer adding, “I think there’s a feasible answer for everybody. In moving forward I ask the question ‘what makes sense,’” he said. He felt that the new Center Street road was a huge benefit, but stopping a road (1000 East) out in the middle of a pasture does not make sense. Palmer noted that this land has always belonged to the Hancock family and that there’s better public access because of how it is now.

DeWitt suggested there be a land exchange that would include an easement to go from Cattle Lane on 1000 East to the new Center Street road and in exchange the town would abandon the original Center Street road. This would give access to 1000 East from both Center and Cattle Lane pointed out the mayor.

Mayor Hatch asked if the Hancock’s would be willing to meet with Lundberg and Lautz and work this idea out. Bill responded that they would need to have approval from the rest of the family.

Councilor Dave Smith said that there was no one higher in his opinion than the Hancock’s and explained that this council is here cold turkey and has already put out a lot of fires. “We’re trying not to pass the buck to any other council,” said Smith, asking the Hancock’s to give them 30 days noting, “I think we at least ought to have that much to iron out some of these problems.”

Councilor Jason Brubaker who noted he had been on the council for months, not years said to Eddie, “I was offended with your terms and pointing at our attorney, which is part of our team. I was on board with you until that happened.” He said his first response is to fight against Eddie and went on to say, “I don’t think anyone needs to throw their pen in this room.”

Brubaker said that he reads through everything prior to a council meeting and that he did not get information on this. Other councilors had not either. Brubaker said he would have liked to seen names on the agenda so he knew who to talk to. “I came to the meeting to learn tonight,” he said noting he believed very strongly in what Smith had said.

“I would be greatly disappointed in our attorney if he spoke to you the same way you spoke to him,” said Brubaker and went on to ask Eddie to forgive him for his weakness in letting his personal feelings get in the way stating, “I will vote as a councilman, not as Jason Brubaker’s personal feelings on this.”

“This sounds like a wonderful training session,” said Hancock, noting, “I appreciate your comments, I respect your comments,” and said that during this training he holds no ill feelings toward Brubaker. Eddie went on to say that part of this problem is from procrastination of prior legal council and stated, “My hope, our hope is that in 30 days we’ll have this put to bed, so we can move on to other things. In the mean time I will do my part and know my family will help the town of Taylor move forward in a proper way,” adding that they have been working on this for approximately 20 years.

The Hancock family then left the council meeting.

Allen Davis, the town’s zoning administrator, said that he felt they should make the street right of ways set to the town code standards to keep them legal, that it would be between 50 and 60 feet.

A motion to table a decision on the abandonment of East Center Street from 900 East to 1000 East and partial abandonment of 1000 East right of way and put it on next month’s agenda for action and very little discussion passed unanimously.

Several councilors thanked Lautz for protecting the town and Palmer added, “Thanks for having thick skin too.”