EAGLE, Idaho -- A homeowner's association in an affluent Eagle subdivision wants a jury trial to help decide where a popular public pathway should be located.
The current tiff between the City of Eagle and the The Laguna Pointe Homeowner's Association includes the threat of eminent domain by the city.
Reports indicate city officials have threatened to seize a small parcel of private land about a mile long that borders the Laguna Pointe neighborhood to the east along the Boise River.
The land includes a narrow, gravel pathway once used as an access road by canal employees. Over the years, the road has transformed into a default section of the Eagle Greenbelt.
Here's the catch: representatives from the homeowner's association say the current pathway is on private property, and was never intended to be used by the public, according to permits drawn up by the Army Corps of Engineers in the late 1980s.
Meanwhile, residents of the gated community complain that folks using the private pathway are invading their personal space and trespassing in backyards.
Officials with the City of Eagle, including the mayor, city council, and parks and recreation department declined commentary on this story, citing pending litigation. The city's legal counsel was also not available for comment when this story went to air.
Laguna Pointe HOASecretary Darcy Hoellwarth says her organization plans to refute the city's April 11 notice to seize the property.
What's more, Hoellwarth accuses the city of mismanaging taxpayer money used to hire a private negotiator to draw up a contract to seize the property.
Hoellwarth blames the situation on a series of failed meetings between the city and homeowner's association dating back to September of 2013.
The Laguna Pointe Homeowner's Association recently hired a private contractor to clear a new pathway near the Boise River and away from the homes. Construction on the path was completed on Wednesday. The cost was approximately $4,000.
Members of the HOA hope the city will develop that pathway and give up plans to seize the current path now in use.