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Aug 4, 2001
By Gail Binkly The Cortez Sanitation District is seeking to condemn nearly five acres of a local woman’s property in order to proceed with plans for its new $10 million sewer plant on the south side of Cortez. District officials say they were left with no choice because they need the land and the woman, 85-year-old Aileen Maxwell, did not respond to their offer to buy the 4.67 acres for $63,000. The tract in question lies along South Broadway near McElmo Creek and the Glade trailer park. It is 60 feet from the highway, and Maxwell said she does not want the district to take that frontage property because she has hopes of some day having a small archaeological museum there. She said she had her attorney offer the district another five-acre parcel to the south of the one in question, but the district did not reply except to have her served with a summons regarding the condemnation. "They’re driving me crazy," she said. After tensions between her and the district came to a peak in April, she said, she was taken to the hospital in Farmington with chest pains and a possible heart attack. "The doctor said I was under too much strain and stress," she said. "I couldn’t sleep for worrying about it." Maxwell owns approximately 120 acres on the southern edge of Cortez. Her property surrounds the sanitation district’s office and southwestern plant. At a public meeting in November 1999 to discuss the possible sewer-plant expansion, she said, she told district officials, "I’ve got you blocked on all four sides — where are you going to go?" But, according to Maxwell, officials told her they wouldn’t need her property. "They said, ‘Oh, we’ve got plenty of land’," she recounted. But later, she said, they told her they needed a half-acre near the highway for storage. "I said, ‘I’ve got plans for it and I don’t particularly want you in there.’ They came back and said they wanted one whole acre." Still later, the district approached her about buying 15 acres on the east side of their property, but she balked. "They went into there and surveyed it and staked it and I didn’t even know it," she said. "Then they offered me $3,000 an acre. You absolutely cannot buy land for $3,000 an acre." However, the district backed off when officials learned the land was full of Anasazi ruins and was listed on the state Register of Historic Places. Maxwell said there are an estimated 28 kivas, 156 rooms and 20 pueblos on her property, dating from A.D. 1000-1250. That’s why she hopes she and her children will some day be able to obtain a grant to have some of the sites excavated and develop the property into an archaeological showpiece. After that proposal fell through, she said, the district sought to buy the 4.67 acres near the highway. Because she receives income from billboards along the frontage, she said, the district wants to leave her a 60-foot strip along the highway. But Maxwell worries that if the state some day takes that land to widen the highway, she could be left without access to portions of her sprawling property. After having the 4.67 acres appraised by Love Appraisals, the district sent Maxwell a letter on April 18 of this year offering to buy the property for $63,000, plus $1,989 for some easements. The letter said she should reply by April 25, just one week away. Maxwell said she needed to consult with her four children, who live out of town, so she sent the district a handwritten letter seeking more time. On April 24, the district replied that an answer was needed by 5 p.m. May 4. "So I gave them a different proposal (for another five acres), and they didn’t even answer me," she said. "They didn’t call me up or say anything — after coming up here to my home three times in one day." It was on April 28 that she had the suspected heart attack, she said. She said she heard nothing from the district until she was served with the condemnation papers July 20. "I gave them another proposal and they didn’t even acknowledge it — just sent me papers condemning me." She and her attorney have until Aug. 9 to reply. But district officials said it was Maxwell who did not answer. "We made her an offer and she did not respond in any way, shape or form," Smith said. "She didn’t say yes, she didn’t say no, she didn’t counter-offer." He said the dispute over the property has delayed the start of construction on the new sewer plant. "Theoretically we were supposed to start this fall, but we’ve been back and forth on this property-acquisition for so long," work will be delayed till next spring, he said. Smith said he believes the district has negotiated with Maxwell in good faith and made her a reasonable offer. District-board member Bob Diederich agreed. "She’s been notably lacking in any response," he said. "She never has replied." He said he was not aware of any counter-proposal involving a different five-acre parcel. He said the $45,000 offer on the 15 acres, though it sounded low, was merely preliminary. "That was real early in the negotiations," he said. The current offer on the 4.67 acres was based on a solid appraisal by a firm known to be reputable, he said. Diederich said that, although he personally was not involved in any discussions with Maxwell, "I think they’ve made every effort with her. "We held off an awful long time on that (condemnation) to give her time to counter-offer," he said, "so in my mind we’ve been quite fair with her in our dealings." Maxwell insists the district should take the other five-acre parcel, which is not so close to the highway. "Why are they taking my frontage? Why would you want a sewer on the frontage? The city says they’re going to beautify the town — who wants to see that?" Diederich said he can see her point, but that district officials had to choose land that didn’t have any known archaeological sites and that 4.67 acres was "the bare minimum" that would satisfy their needs. He said the district would use trees and landscaping to make the sewer plant attractive. Maxwell believes the district should choose another site altogether, such as near the Cortez Municipal Airport, for its expansion and that five acres won’t be enough. "I said, ‘What are you going to do in 10 years? Condemn Glade Park?’ They said whoever’s on the board then can worry about it." But Smith said engineering studies have shown the property will be adequate. "Our engineer seems to think this is a sufficient amount of property to take us well past the 20-year planning period." Kent Williamson, attorney for the district, said he couldn’t say much about the condemnation proceedings because it would be unethical to discuss advice to a client. However, he said there is no set procedure and that various things could happen. He said to his knowledge there had been no counter-offer by Maxwell or her attorney, Rich Luhman. Luhman did not return a phone call Friday. Maxwell said she would like to meet with district officials again to discuss concerns about her future access, her fences, and access by construction equipment, but that officials now will communicate with her only through the attorneys. Maxwell said she guesses she will have to go to court, but she isn’t sure it will do much good. "It seems like, when they want something, they can just go ahead and take it," she said. "But it doesn’t seem fair." |
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