Tucson City Counsel Keeping Broadway Acquisition Information From Public

There is an update to this post here.

The City of Tucson has already acquired numerous properties for the widening of Broadway Boulevard. In fact, "[t]he City currently owns 25% of the properties along the north side of Broadway." This is good practice; sometimes properties in the path of a road-widening project can be purchased for a fair price before the property is actually necessary for construction. In these advance-acquisition cases, property owners and the government condemnor deal amicably and avoid the conflict litigation offers.

The City of Tucson owns all of the property along Broadway Boulevard shown here in blue. 

The City will likely acquire even more properties through negotiated purchase before the construction begins on Broadway. However, the City Council has now decided to hide the price the City will pay for these properties. 

The City is exempt from providing the usual public information (called an affidavit of value) all property sales are normally required to include when recorded with the Pima County Recorder.  A.R.S. 11-1134(A)(3). As recently as 2005, however, the Tucson City Council included the purchase price at which the City would acquire Broadway Boulevard property in the resolution authorizing the acquisition. By 2009, the City had decided to obscure its activity in the marketplace by omitting the purchase price of property the City was to acquire at the northeast corner of Campbell and Broadway, instead authorizing the purchase of the property at "the market value of the property."

Compare the 2009 description (top) of the City's purchase with the 2005 description (bottom)

This is poor practice. First, the City is authorizing purchases of property without explicitly limiting the amount of money the department conducting the transaction may pay. Second, the City opens itself up to criticism by claiming its "policies prevent early acquisitions" or the City "has no money for advance acquisitions" when the City is clearly performing advance acquisitions and cannot even state publicly what it is spending on the advance acquisitions it has authorized. Finally, the other property owners on Broadway Boulevard deserve to know what the City is willing to pay for properties in the path of the project. 

 

 

 

 

 

 

Grant Road Property Residential Property Owners in Tucson Experiencing Effects of Condemnation Blight

I was saddened to read this story about two Grant Road homeowners, Javier and Rebecca Garcia, in the Tucson Weekly. Often, property owners in the path of future public works projects - like the Grant Road widening - experience condemnation blight.

 Will the sale of this property be used as comparable data to derive the fair market value of currently-operating businesses on Grant Road?

 Will the sale of this property be used as comparable data to derive the fair market value of currently-operating businesses on Grant Road?

Condemnation blight is the  phenomenon of property devaluation that occurs prior to the official taking of property because buyers in the real estate market are unwilling to pay fair market value for properties that will be taken for a public purpose 10 or 15 years in the future. When properties eventually are officially condemned, sometimes government agencies are tempted to use blighted sales - sales of property in the path of the project that are below market value because of the impending project. 

Broadway Boulevard owners can surely relate to the Garcias: the current Broadway Boulevard widening plan has been in place since 1986. One can see the effects of blight on Broadway on the north side of the street between Euclid and Campbell Avenue.

Residential property owners and commercial property owners both face difficult decisions when the greedy appetites of government planners cast a pall on properties far in advance of the actual acquisition date. Acquisition of the Garcia's property is "years in the future," according to the Weekly - maybe not until 2017 or beyond. Hopefully those affected by blight will have an advocate who understands blight and can use the legal tools available to obtain just compensation for Grant Road and Broadway Boulevard properties.