UDOT moves to take Orem family's home before resolving $175K price dispute

OREM — The Utah Department of Transportation is buying up homes along 1600 North in Orem to widen the road. But when it made Tim Vincent an offer for his, he says UDOT's appraiser made a glaring mistake — not taking into account the automotive shop in his backyard.

UDOT sent Vincent an appraisal of $800,000. Thinking that was low, Vincent got his own appraisal which shows his property is worth $975,000. That's a $175,000 gap.

"It's a big chunk. It's not just a little bit of money," he said.

Vincent says he reached back out to the people taking his home.

"I gave them my appraisal. My attorney sent them my appraisal, and they just ignored it for a whole month," he said. "The next thing we know, Christmas Eve, they slap us with a lawsuit."

UDOT is suing and asking a judge to kick his family out. Feeling like he's being run over, Vincent asked Get Gephardt to investigate.

"I just want fair market value," he said.

The law of eminent domain

When it comes to eminent domain, there are a lot of rules in Utah.

The property owner is entitled to "just compensation" for their property, the law says.

It also says UDOT is required to pay for "all buildings, structures, or other improvements" to a property — for example, Vincent's shop out back.

And, UDOT is supposed to "negotiate before filing a lawsuit."

UDOT lets its lawsuit do the talking

Get Gephardt wanted to ask UDOT about all of this; ask it to defend its offer and ask why it decided to sue rather than talk to Vincent. But after contacting UDOT, we heard back from a state lawyer saying they don't comment on active litigation and attached a copy of the lawsuit.

In it, Utah's attorney general is asking a judge to kick Vincent and his family out immediately, "to avoid waste of public funds resulting from project delay."

As for what UDOT will need to pay Vincent, the lawsuit says they can figure that out later, "pending final adjudication."

The lawsuit also states: "UDOT has made reasonable efforts to negotiate with the property owner."

The looming threat of condemnation

Vincent says neither he nor his attorney feel like there has been any negotiation. Worse, Vincent says if UDOT gets its way, the judge will condemn his property, and his family will go homeless while awaiting a judge to settle on what their property is worth.

"I'm sick to my stomach," he said. "I haven't slept in a long time."

Vincent and his family are still in their home. They have until next week to respond to UDOT's lawsuit.

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