Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Jacqueline L. Williams Located at 1415 Alamance Church Road in Connection with the Alamance Church Road Improvements Project
Body
Council Priority: Maintain Infrastructure and Provide Sustainable Growth Opportunities
Department: Legal
Council District: 1
Public Hearing: NA
Advertising Date/By: NA
Contact 1 and Phone: Kenny McDowell, Ext. 4578
Contact 2 and Phone: Alan Andrews, Ext. 2320
PURPOSE:
The City seeks to acquire a Proposed Margin Tract of 229 square feet of the property owned by Jacqueline L. Williams located at 1415 Alamance Road, designated as Parcel No. 0079881 in the Morehead/ Gilmer Township for the Alamance Church Road Improvements. 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.
BACKGROUND:
PM attempted to negotiate a purchase within the total appraised value of $250.00 for the property. Land values were based on tax value calculations. PM sent an initial written Offer to Purchase to the property owner on October 14, 2019. PM made several attempts to purchase the property within the appraised amount, but its efforts were not successful. 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 owner giving them at least thirty (30) days' notice 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 owner before trial. Additionally, the parties are free to continue negotiations through the date of trial.
The Alama...
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