Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property Owned by the Heirs of Alex Troxler Located at 1100 Pisgah Church Road in Connection with the Pisgah Church Storm Outfall Project
Body
Department: Legal
Council District: 2
Public Hearing: N/A
Advertising Date/By: N/A
Contact 1 and Phone: Ted Kallam, Engineering Manager, ext 2302
Contact 2 and Phone: Jennifer Schneier, Assistant City Attorney, ext 2320
PURPOSE: The City seeks to acquire a Permanent Drainage Easement (PDE) of 400 square feet, of the property owned by the Heirs of Alex Troxler located at 1100 Pisgah Church Road, designated as Parcel #0086775 in the Morehead/Gilmer Township for the Pisgah Church Storm Outfall Project. The Property Management Section of the Engineering and Inspections Department (PM) requests Council to authorize the initiation of condemnation proceedings because it has been unable to negotiate a purchase price with the property owner(s).
BACKGROUND: PM was unable to contact the property owners to negotiate a purchase within the total appraised value of $450.00 for the property. An independent appraiser, Lynn B. Ritchy, General Appraiser A2814, was contracted by the City to perform the appraisal. The appraiser used generally accepted appraisal methods and calculated the value based upon the nature of the taking and the square footage taken. PM was unable to determine the legal owners of the property due to intestate succession transfers of the property since the death of Alex Troxler in 1952. Therefore, PM recommends that the City Council adopt a resolution authorizing the City Attorney to institute proceedings to condemn the required property. Following City Council’s approval, the Legal Department will send a letter to the owners informing them of the City’s intent to file an eminent domain lawsuit. After the lawsuit is filed and discovery is completed, a mediation or Commissioner’s Hearing, or both, are held to try to resolve the matter with the property owners before trial. Additionally, the parties are free to continue negotiations through the date of trial.
The Pisgah Church Storm Outfall Project is needed because the existing storm drain is undersized. The acquisition necessary for this property is a Proposed Permanent Drainage Easement (PDE) of 400 square feet of the property located at 1100 Pisgah Church Road. The property is zoned R-3(Residential Single Family).
City staff further recommend that the City Council authorize payment of the estimated amount of the value of the property to the Clerk of Superior Court for disbursement to the owners.
BUDGET IMPACT:
The funding for this condemnation is budgeted in Account Number 506-7016-06.6012, Activity #A17050. The funding comes from the Stormwater Capital Improvement Fund. A minimum of $450.00 will be expended to acquire this property, in addition to any litigation costs and/or settlement agreements.
RECOMMENDATION / ACTION REQUESTED:
The City Attorney’s Office recommends that City Council approve and authorize the condemnation of the tract of the property owned by Heirs of Alex Troxler for the amount of $450.00.