ODOT may condemn mall access

The Oregon Department of Transportation is going to close the Highway 20 access to the Mountain View Mall in order to open the parkway ramp to Sisters by the beginning of August.

While still in negotiations with mall owner SIMA Mountain View LLC, ODOT will take the mall access under the process of eminent domain if negotiations fail, according to ODOT representatives.

Under the eminent domain process, a jury will decide what SIMA should be paid for the access.

The dispute between SIMA and ODOT heated up last week. On Tuesday, May 22, ODOT issued a press release saying access to the mall from Highway 20 would be closed for "safety reasons and to coincide with the completion of the Bend Parkway."

The replacement of the Highway 20 access with one from Robal Road followed an agreement with the former mall owners, according to ODOT Region Manager Bob Bryant.

"There had been a number of serious accidents at that (the Highway 20) location and at the time, everyone was in agreement that we should build a safer access off Robal Road and close the existing Highway 20 access to the Mall," Bryant was quoted in the ODOT press release.

On Friday, May 25, SIMA responded with its own press release, calling the earlier ODOT release "both regrettable and misleading."

"First, in all of the conversations the mall has had with ODOT, the issue of safety has never come up," according to the SIMA release.

The SIMA release also stated "there has never been an agreement whereby the Mall's owner agreed to give up their access to Highway 20 without fair compensation."

Kevin Burns, representing SIMA from Santa Barbara, California, declined to state what SIMA felt would be "fair compensation" for closing the Highway 20 access.

Burns did say that negotiations with ODOT have been a process of "constant movement of the goal posts. We think we have it solved, and everything changes beneath our feet...We had mediation scheduled for several months (set for Tuesday, May 22) and ODOT canceled it at the 11th hour and issued a press release," Burns said.

Cliff Houck, Right-of-Way Supervisor for ODOT Region 4, would not talk specifically of the Mountain View Mall negotiations.

Houck would say that in general, "If you are negotiating and you agree to mediate, there has to be additional information (such as a new appraisal or engineering information) that might lead one or both sides to change their position."

Houck said his agreements to mediate "are conditioned on receipt of new information."

SIMA had characterized the ODOT press release as "a hardball tactic unworthy of state government...especially after canceling the mediation session at the last minute."

ODOT's Houck said the press release issued by ODOT was an attempt to answer "to the public why we spent public money on the ramp (to Sisters) and why it wasn't open. It wasn't to get into (a public dispute). I have no interest in negotiating with SIMA in the media."

Houck did say there is no possibility the ramp won't open. "If agreement is not possible, under the eminent domain process a jury will decide what SIMA gets (for closure of the access)."

Houck said the property goes to ODOT upon filing for eminent domain, with the money ODOT has offered going to the court.

SIMA had also accused ODOT "of contacting the Mall tenants behind the property owner's back (in) an unfortunate attempt to pressure the Mall owner to give up its property rights prematurely and at less than market value."

ODOT's Houck responded that under eminent domain, "there is a legal process to go through. Contact is part of the legal process and is required, which is part of the reason ODOT contacted lessees at the Mt. View Mall. We are going through the steps."

Houck said he has worked hard to come to an agreement with SIMA, "continually" asking Region Manager Bryant for more time to negotiate. Last fall, ODOT thought the ramp to Sisters would open by last Thanksgiving.

"We acquired 330 properties to build the parkway, and went to trial three times. That reflects our effort to make agreements. The delay in opening the ramp reflects my goal of reaching an agreement with SIMA.

Houck said the earliest that eminent domain papers could be filed is probably around July 1.