Show tah Road Right of W oy Slip Up Costs Colts r STATE SETTLES EXTRA EXPENSE TO CONTRACTOR Highway Board Failed To Clear Route Before Work Started How a project to widen part of U. U S. S 91 in Davis county cost the state an extra because the road commission lacked right of ol way before the project began was disclosed Monday Chairman W. W D. D Hammond said the payment was made to Ora Bundy Ogden contractor above the contract sum of in L settlement of a claim by Mr Bundy for approximately Action was taken Mr Hammond said under an attorney generals general's opinion giving the commission the right to make such payment He added the Bundy payment is the only one that has been made under this opinion The project was that to widen U. U S. S 91 between Layton and the Weber county line a distance of about five miles Mr Hammond said Mr Bundy was awarded contract contract contract con con- tract for grading to widen the road for surfacing for a four- four lane highway part of a time long-time project for a widened U. U S. S 91 in north-central north Utah Rights nights Not Obtained The contract was awarded November November November No No- vember 27 1938 and the work was to be finished in working days Mr Hammond said Meanwhile right of way had not been obtained along the entire stretch Mr Hammond said no delay in obtaining clearance had been anticipated anticipated anticipated an- an an an- and that it was thought at the time it could be obtained in 30 or 40 days Instead it took nearly 13 months before all rights of way were settled settled set set- tied he said and the project was not finished until December 12 1939 Later Mr Bundy submitted a claim for approximately Mr Hammond said the claim was based on extra costs incurred in hauling fill away from the project because it could not be dumped where right of way was lacking and for tying up highway equip equip- ment The road commission asked for a legal opinion and last December 24 Joseph Chez then attorney general held that the commission if it believed believed be be- itself remiss in failing to obtain obtain ob ob- ob tam tain right of way was empowered to reimburse a contractor for extra costs Mr Hammond said the road commission commission com corn mission was obliged to provide the necessary right of way and be believed believed be- be itself responsible in this case Tried to Save Suits Rights of way were I involved on both sides of this highway he asserted Such matters can be adjudicated by courts of course but we decided to seek the rights of way vay by negotiations neg r rather ther than court suits because there were so many parties involved We be be- it would be less costly if we did not go into courtRight courtRight courtRight court Right of way acquisitions are tough matters but we anticipated no such delay he said |