The action, called a "Proceedings in Eminent Domain," was filed on June 25 and followed months of failed negotiations between ODOT and SIMA Mountain View LLC, of Santa Barbara, California, owner of the Mountain View Mall.

Closing the access will allow ODOT to open the overpass from the Bend parkway to Sisters, according to Cliff Houck, Right-of-Way Supervisor for ODOT .

ODOT has said that the existing access to Highway 20 is dangerous, and provided an alternative access to the mall from Robal Road.

Houck said that ODOT had not yet placed a deposit for what they were willing to pay SIMA. The filing indicates that ODOT is offering $187,000.

Houck said that SIMA is asking for substantially more, but said SIMA would have to provide that information.

Kevin Burns, representing SIMA from Santa Barbara, California, could not be reached for this story and declined in an earlier interview to state what SIMA felt would be "fair compensation" for closing the access.

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Under the eminent domain process, a jury will hear the case and determine what SIMA will actually be paid.

Houck said that he would probably wait for one week after filing the deposit with the court to take the property and close the access. Curbing and striping would then be finished and the access would probably open by the first of August.

Houck said that although there are no negotiations going on at this time with SIMA, SIMA in the past has indicated a willingness to get together at some time "and we would certainly be willing to do that before the court date."