To: Honorable Mayor and Members of Town Council
From: Michael J. Hyman, Town Attorney
Dan Sailer, P.E., Director of Public Works
Andrew Focht, Project Manager
Title
Ordinance Authorizing the Exercise of the Town’s Powers of Eminent Domain to Acquire Certain Real Property Interests Necessary for the Plum Creek Parkway Widening Phase 2 Project (Second Reading - Approved on First Reading on September 7, 2021 by a vote of 7-0)
Body
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Executive Summary
This ordinance authorizes the acquisition of property interests necessary for construction of the Plum Creek Parkway Widening Phase 2 project under the power of eminent domain. Those property interests are attached as Exhibit 1 to the ordinance (Attachment A). This ordinance mandates Town compliance with applicable statutory requirements on conducting good faith negotiations with the affected landowner, and requires all offers to be based on market valuation of the property interests to be acquired. In most instances, the landowner will have the right to obtain an independent appraisal at the expense of the Town.
In the event the Town working through its property acquisition consultant is unable to reach agreement with the property owner on purchase price, time of possession, or other terms of acquisition, the Town Attorney will so advise Town Council. In that event, the Town Council will be apprised of the prior negotiations, and determine at a Council meeting whether the judicial process for acquisition of the property interests should be initiated. The property owner will have the opportunity to address Council at that time. To reiterate, this ordinance does not authorize the filing of a petition in condemnation under the eminent domain power absent a later express Council authorization.
As has been demonstrated on recent capital projects in which the Council similarly authorized acquisition of property interests by an eminent domain ordinance, good faith negotiations almost always result in an agreement with the property owner. Consequently, we anticipate that Council intervention in the acquisition process will be infrequent.
Utilization of the statutory process provides certainty and consistency with property acquisitions and assurance that possession of the necessary property interests can be achieved within the projected timeframe and with payment of just compensation.
Staff Recommendation
Staff recommends approval of the Ordinance as presented on second reading.
Proposed Motion
“I move to approve the Ordinance as introduced by title, on second reading.”
Attachments
Attachment A: Ordinance
Exhibit 1: Property Descriptions