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In path of growing sprawl Photo by Steve Johnson Jane Hagle says the East McAndrews Road extension will pass so close to her house that the concrete slab pictured at the upper left will have to be removed. County resident goes to court as road project bisects her land By CHRIS BRISTOL Jane Hagle considers herself the poster girl of the price of progress in Medford. And she doesn't even live in Medford. Since 1986 she has lived just east of the city limits, on 4 acres above Foothill Road. From her modified A-frame she has a sweeping view of Hillcrest Orchards and the valley beyond. "I've never wanted to leave this place," she says. "I never thought the day would come." But the day has come. Hagle's property stands in the path of the city's $6.3 million East McAndrews Road extension project, and something has to give. The property also stands in the path of the city's development policy, which has pointed residential development into the eastern hills, toward the last large swath of virgin real estate within the urban growth boundary. In a Jackson County courtroom Monday, Hagle and a neighboring property owner, Arthur Dubs, challenged the city's authority to condemn a slice of their properties for construction of the McAndrews extension. Hagle, 45, a training coordinator at Rogue Community College, believes she is being picked on in large part because she is by far the smallest property owner in the area. Last week, she says, she learned the five-lane boulevard will pass within a few feet of her house. "They've always wanted me out of there," she says. "I just didn't know how bad they wanted it." The extension, which will push McAndrews up toward the subdivisions on the skirts of Roxy Ann Peak, is among the biggest -- if not the biggest -- public works project in recent Medford history. For years, the only way into the foothills has been Hillcrest Road, a windy and narrow road that has grown increasingly congested with traffic. At the same time, it's falling apart. The McAndrews project is actually a two-part venture. The city is building McAndrews from Brookdale Avenue to Foothill Road, including a large overpass across Foothill. Developer Noel Moore takes over from there, connecting the second half to an orphaned spur of McAndrews that connects with Hillcrest. Moore is building his share of the road in exchange for 160 acres of real estate in the Oregon Hills subdivision. Instead of paying him to do the work with cash, the city gave him land. As a private developer, Moore does not have the power to force property owners to sell him land for a road. But the city promised to intervene on his behalf if necessary as part of a 1993 agreement in the land-for-road deal. With negotiations at a standstill, the city began condemnation proceedings last month. Hagle argues that those negotiations were not fair because the city was on Moore's side and held the condemnation power as a trump card. "Noel Moore is having the city do his dirty work," she says. Moore says he sympathizes with Hagle, but insists she's been given every chance to come to terms. He said he has offered her a house and property trades. "I thought I could make a reasonable deal with them," Moore says. "I have been unable to do so and so it is up to the city to go ahead, because I can't take my life savings ... and spend it on just a right-of-way. And that's what it almost comes down to. "Actually, she's the only one that it really affects that much," he says. "... If you want growth anywhere, it's going to affect somebody, somewhere." City attorney Ron Doyle declined to respond to Hagle's comments. In court Monday, Doyle asked Judge Phil Arnold for immediate possession of the necessary slice of properties belonging to Hagle and Dubs. He said construction must get under way now to take advantage of the weather. Payment will be decided later. But attorneys representing Hagle and Dubs argued that the city has no authority to condemn property outside city limits without first settling the owners' claims. Arnold promised he would try to issue a ruling by the end of the week. "By Friday," he said, "you will know." Today's Edition : News | Sports | Business | Weather | Tempo | Classifieds Mail Tribune Copyright � The Mail Tribune 2000, Medford, Oregon USA