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Serving Central Oregon since 1903 www.bendbulletin.com
Merkley pushes Senate reforms
TAKING PRIVATE LAND FOR PUBLIC USE
Is ODOT
fair?
Some examples Viewcrest property
Location: Nearly 25 acres situated along I-5 in Millersburg
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It’s legal and essential for the Oregon Department of Transportation to buy property from private landowners through eminent domain. Roads must be built and expanded, and sometimes homes and businesses stand in the way. But it’s not hard to find examples of how ODOT’s condemnation work seems unfair to property owners or unnecessarily costly for the state. By Cindy Powers The Bulletin
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Conflict: ODOT has publicly pushed forward plans to tear out the Viewcrest Interchange, the only road access to industrial land owned by Madras resident Bob Harris, despite a written guarantee of access granted by the state. Outcome: In May, a jury ordered ODOT to pay Harris $3.4 million for the reduction in his property value and attorney fees estimated at $450,000.
B & D Auto Glass
tation pushed his business into bankruptcy. As things stand now, ODOT owes the longtime Madras resident nearly $3.4 million.
A jury awarded the damages in May for the decrease in value of a 25-acre plot of industrial land in Millersburg owned by Harris’ company, Viewcrest
By Keith Chu The Bulletin
WASHINGTON — To an outsider, the machinations of the U.S. Senate can appear incomprehensible and largely pointless. That’s also true for some of those on the inside, including Sen. Jeff Merkley, D-Ore., although he’s much more diplomatic in his criticism. Merkley is one of several junior Democratic senators urging Senate leaders to overhaul the arcane rules and procedures of the chamber. And Sen. Jeff to make that Merkley, D-Ore. happen, Merkley circulated a menu of potential Senate reforms in a memo last week, with proposals for everything from speeding up how the chamber does business to rearranging the seating charts in committee hearings. “It’s been extremely positive, from people who have shared their responses,” Merkley said, laughing, in an interview last week. “Not everybody’s shared their responses.” See Senate / A6
Investments LLC. of private property owners give the highest possible ratings on customer service surveys sent out after land purchases. “It’s amazing how many people take the time to write out how well they were treated and how much they enjoyed working with the agency, and about 85 percent (of the surveys) are very, very good,” Jones said. “We’re always going to get folks who aren’t happy — but, 85 percent, I’ll stand behind that.” The Bulletin’s request for the number of properties ODOT acquires each year and how much the agency spends annually on private land acquisitions was refused. The agency responded that it does not track that information, and compiling it would take too much staff time. Jones also said litigation in condemnation cases is rare and estimated that no more than three cases go to trial each year. Yet it’s not hard to find property owners who have successfully fought legal battles against ODOT to get a fair price for their land. In one recent case, ODOT again ignored its promise of access to a Redmond business owner — a move that cost the agency more than a half million taxpayer dollars. In another, a Redmond couple won a $275,000 verdict against ODOT after refusing the agency’s $50,000 offer for their land. See ODOT / A7
Photo by Rob Kerr The Bulletin
Location: 652 S.W. Fifth Street, Redmond
Entry from Fifth St. Former entry from Glacier Ave. Maps by Andy Zeigert The Bulletin
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Glacier Ave.
A balanced budget? Still years away By Brian Faler
97
Fifth St.
The jurors found ODOT’s plan to tear out the land’s only road access — a property right guaranteed by the state in 1957 — left the land worth a fraction of its value. If the jury’s decision stands, ODOT will pay the $3.4 million plus 9 percent interest — which started accruing in July — as well as $450,000 for Harris’ legal fees. And even if ODOT pays Harris in full, the agency still won’t own the land. That’s because, after jurors decided the fair market value of the property was $4 million when the verdict was handed down in May, ODOT turned its back on the chance to buy the property outright. The judge presiding over the case gave ODOT a 10-day window after the jury’s decision to pay Harris the full $4 million and walk away with the deed. The deadline came and went. ODOT representatives have declined to comment on the case, but the department has notified Harris it will appeal the case. Dee Jones, ODOT’s right-of-way manager, oversees the agency’s condemnation work and agreed to be interviewed about the process. Jones said most property owners whose land is purchased by ODOT are happy with their experience. She said ODOT handles an average of 350 condemnation cases each year, and 85 percent
Bloomberg News
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Conflict: The owners of B & D Auto Glass in Redmond sold property to ODOT to be used for the new layout of Glacier Avenue. ODOT provided a written promise that their access from Glacier would not be blocked. When contractors were working on the Highway 97 bypass, a crew constructed a concrete wall on Glacier, blocking an access to B & D Auto Glass, an entrance that RV-driving customers used almost exclusively. Outcome: ODOT agreed to purchase the lot and building, which now sit empty, for $600,000. The property is available for lease on ODOT’s website at a rate of $1,435 a month.
Since tea party candidates made erasing the deficit a rallying cry, Senate Republicans have endorsed a call for a constitutional amendment requiring the government to balance its budget. While the calls may be urgent, even Washington’s leading deficit foes say it will take decades to balance the books. But why? A proposal by the heads of President Barack Obama’s bipartisan debt commission to cut the budget by $4 trillion wouldn’t wipe out the deficit for more than 25 years. See Deficit / A4
Inside • Do bipartisan panels work? A look at history, Page A4 Look for an upcoming series in The Bulletin that examines how the Oregon Department of Transportation operates around the state.
PORTLAND TERROR PLOT
INDEX Business
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Movies
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Classified
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Obituaries
B5
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Perspective F1-6
Crossword C7, E2
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D1-6
Local
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G4-5
B1-6
Milestones
C6
TV listings
C2
We use recycled newsprint The Bulletin An Independent Newspaper
SUNDAY
Vol. 107, No. 332, 46 pages, 7 sections
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How agents foiled a ‘grand’ attack
Many paths to jihad, straight from Somalia
By Tim Fought and Nedra Pickler
By Sudarsan Raghavan
The Associated Press
PORTLAND — A Somali-born teenager plotted “a spectacular show” of terrorism for months, saying he didn’t mind that children would die if he bombed a crowded Christmas tree-lighting ceremony, according to law enforcement. He never got the chance. Mohamed Osman Mohamud, 19, was arrested Friday in downtown Portland, accused of trying to detonate what he thought were explosives in a van. It turned out to be a dummy bomb put together by FBI agents, and authorities said the public was never in danger. See Bomb plot / A3
A family visits Pioneer Square on Saturday, the morning after a car bomb plot was foiled during Portland’s annual tree-lighting ceremony. Greg Wahl-Stephens The Associated Press
The Washington Post
MOGADISHU, Somalia — Abdul Qadir Mohammed remembers the imam’s powerful voice bouncing off the mosque’s white walls. It was 2001, a few weeks after 9/11, a decade into Somalia’s anarchy. “Our religion must dominate until we die,” the preacher declared. On that day in the mosque, his heart pounded. “It was the day I was born,” Mohammed, then 13, recalled. He is not the only Somali, here or abroad, who believes this way. See Somalia / A3