I think we would all like to maintain green space in Highland. I certainly would. Open spaces, after all, are a big part of what sets Highland apart.

That said, it sounds as if there may be some confusion about this land. It is currently zoned for low-density residential. (The Highland zoning map is available here, and it's the R-1-40 zone.)

Churches are a conditional use in this zone -- there isn't a "church" zone -- which means they're allowed if the owner can mitigate impacts beyond normal, residential use.

Without any zoning changes, the current owner could build a half dozen or so homes on that land. If the current owner sells those two parcels, any new owner could likewise build those same homes.

Instead of homes, it could also be converted to an orchard, a horse pasture, a library, a museum, or an art gallery (among other possibilities). Or, yes, a park; most of our parks are in this zone.

I am a strong supporter of property rights. I believe eminent domain should be used rarely and only for things the community needs, not things it merely wants (no matter how badly they're wanted). Furthermore, I think that unreasonably limiting someone's use of their land is the same as seizing it through eminent domain.

Prohibiting a nuclear power plant in our residential zones strikes me as reasonable, for example. Prohibiting any use except a maintained grass field that's available for anyone to use does not strike me as reasonable.

That leaves four options here to meet your goal.

1) The current owner could decide to maintain ownership and continue using the land as is.

2) The current owner could donate the land to the city. It could then be converted to a public park.

3) The current owner could sell the land to the city, which could then convert it to a public park. I expect the cost of this would be well over $5 million -- just to acquire the property at market value -- and I don't believe the city presently has funding available to make such a purchase.

4) The current owner could sell it to someone else, who could then choose to maintain it as is or donate it to the city.

Until and unless someone decides to donate this land to the city -- or to sell it at a cost wildly below market value -- I don't see much that the city can do to achieve your goal.

If I'm missing an option, please let me know; as I mentioned earlier, I am also very interested in maintaining open spaces in Highland. (There is a link to my email address below.)

(All of the above is based on my understanding and my calculations. Note that I'm not a lawyer or a zoning professional. Actual mileage may vary.)
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Doug Cortney, Council Member
Highland City, Utah
dcortney@highlandut.gov