Memorandum
City of Lawrence
City Attorney’s Office
|
TO: |
David L. Corliss – City Manager Cynthia Wagner - Assistant City Manager Diane Stoddard - Assistant City Manager |
|
FROM: |
R. Scott Wagner, Management Analyst |
|
CC: |
Charles Soules – Public Works Director David Cronin – City Engineer Toni Wheeler – City Attorney Nick Voss – Public Works Engineer |
|
Date: |
May 27, 2014 |
|
RE: |
June 3, 2014 Agenda Item – Project PW1341: Wakarusa Drive, North of Oread West to North of Inverness Drive, Ordering the Condemnation of Property Interests. |
Background/Project Description
On the May 27, 2014 agenda, the Governing Body approved the setting of a bid date of June 17, 2014 for the above project which includes the construction of a roundabout traffic control device at the intersection of Wakarusa Drive and Inverness/Legends Drive. Map
Right of Way and Easement Acquisition
Additional right-of-way is needed on each of the four corners of the intersection in order to construct the improvements.
On March 25, 2014 and March 27, 2014, staff and appraisers met with property owners to review right-of-way acquisition.
Appraisals were conducted by Aul Appraisals. Letters were sent out to property owners on April 23, 2014 with an offer to purchase right of way at the appraised value. Property owners were given a date of May 15, 2014 to respond to the request.
Negotiations are ongoing with the remaining property owners; however, to keep the project on schedule, staff is recommending initiation of eminent domain proceedings to ensure timely acquisition of the needed property interests. Resolution No. 7074 was adopted on May 27, 2014.
The next step prior to filing an eminent domain action in Douglas County District Court is to adopt an ordinance, condemning the property interests and authorizing attorneys for the City of Lawrence to file a verified petition. Attached is Ordinance No. 9000. Upon adoption of the ordinance, City attorneys will prepare the necessary pleadings. Upon approval of the action by the court, the judge assigned to the case will appoint three court selected appraisers to determine just compensation for the rights being acquired. The City would then be required to pay the award determined by the appraisers in order to acquire the property. If either the property owners or the City were dissatisfied with the award, either party could have just compensation determined by jury trial.
Staff will continue to negotiate acquisition of the required property interests and is hopeful that filing of an action in Douglas County District Court will not be necessary.
Action
Adopt Ordinance No. 9000, authorizing the use of the City’s eminent domain authority and condemning required right-of-way for the improvement of Wakarusa Drive – Inverness/Legends Drive roundabout improvements.