Greeley allowed access to LaPorte properties
By Cherry Sokoloski
North Forty News
Three LaPorte property owners reached a reluctant out-of-court settlement
with Greeley on Aug. 10, agreeing to allow access to their land.
On Aug. 18, city crews came onto the property to begin gathering information
for Greeley's preferred pipeline route. The pipeline will eventually run
from Greeley's treatment plant in Bellvue to the city.
The three families include Mary Humstone and George Burnette, Jim and Rose
Brinks, and Marilyn and Randall Wylie. All own property along the Poudre
River, where Greeley wants to run the 60-inch pipeline.
"I'm very upset," said Mary Humstone about the settlement.
Greeley initiated condemnation proceedings against the property owners
in June, and Humstone said without the settlement the property owners would
have incurred huge attorney fees to fight the action.
The LaPorte property owners have urged Greeley to consider other routes
for the pipeline, without success.
"Greeley has really never considered another route," said Humstone, despite
the fact that they have a map showing numerous other options. "The only
thing that can save us is a huge public outcry or an endangered species."
The access agreement is for testing and study purposes only, so that Greeley
can finalize its pipeline design. Once that is accomplished, the city must
negotiate with landowners for permanent pipeline easements.
Greeley's pipeline through LaPorte is one of five segments, three of which
have been completed. Before proceeding with the last two sections, Greeley
must obtain permits from the U.S. Army Corps of Engineers. The Army Corps
will consider both the historic resources on the site - including an intact
section of the former Greeley, Salt Lake and Pacific Railroad - and the
impact of the pipeline on the Cache la Poudre River.
Humstone is concerned that, if Greeley is forced to avoid the historic
railroad bed, the city will blast through Bingham Hill instead, causing
damage to rock formations and ripping out mature trees.
"It's infuriating," she said. "They seem to be able to do anything they
want."
As part of the August agreement, Greeley increased its payment offer to
the LaPorte landowners. The city had previously offered $500 per landowner,
Humstone said, but settled on $4,000 each. Nonetheless, the fees do not
cover the $18,000 that the landowners have spent to date on attorney fees
and other expenses related to fighting the pipeline project.
The settlement also added "good neighbor" provisions to the access rights.
One of those provisions requires that Greeley consult with the U.S. Army
Corps of Engineers and the State Historic Preservation Office before driving
equipment across bridges on the historic railroad bed.
Neighboring landowners Ken and Linda Fisher, who were not named in the
condemnation suit, were paid $500 for access to their property, according
to Dan Moore of Greeley Water.
The city is currently collecting ecological and historical data on the
properties. Geotechnical testing, including core drilling, will be conducted
later this fall. Moore said the purpose of the August studies was to help
narrow down route locations before core drilling is done.
Meanwhile, the property owners haven't given up. "We'll definitely keep
fighting," Humstone said
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