Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Jeremy Mathew Located at 4020 Hicone Road in Connection with the Hicone Road Waterline Extension Project
Body
Council Priority: Maintain Infrastructure and Provide Sustainable Growth Opportunities
Department: Legal
Council District: 2
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 Permanent Utility Easement (PUE) of 500 square feet of the property owned by Jeremy Mathew located at 4020 Hicone Road, designated as Parcel No. 126456 in the Monroe Township for the Hicone Road Waterline Extension 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.
BACKGROUND:
PM attempted to negotiate a purchase within the total appraised value of $175.00 for the property. A claim report was used to calculate the value of the property by like properties for the City. The claim report used generally accepted appraisal methods and calculated the value based upon the nature of the taking and the square footage taken. PM sent an initial written Offer to Purchase to the property owner on June 15, 2020. 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 ...
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