Item 2D - ROW Acquisition - Laserfiche WebLink

Home Browse Search

Financial and/or Resource Considerations The funding for design work for the transportation infrastructure has been allocated and federal funding for the project is anticipated to become available this fall. Lane County will provide $1.6 million for the match of the federal funding. Other Background Information Improvements are to the existing transportation infrastructure and rehabilitation ofwastewater system. The transportation improvements include realignment and construction of new roadways, upgrading existing roadways including stormwater improvements, traffic signals, sidewalks and paths, street trees and other landscaping, lighting, railroad crossing improvements and under-grounding of some utilities. Properties requiring acquisitions have been identified (see attached map). Adoption of the resolution will empower Public Works Engineering staff to proceed with timely acquisition of necessary rights-of- way. Appraisals will be prepared and negotiations with affected property owners will be conducted consistent with the Federal Relocation and Real Property Acquisition Act and Oregon Revised Statutes. Condemnation proceedings (initiation of court action) will only be used as a last resort if negotiations do not result in a mutually acceptable agreement. Authorization at this time will avoid repeating common steps in the acquisition process if negotiations fail and provides property owners with income tax benefits available to them when properties are sold under threat of condemnation per IRS Code 1033. Owners of property needed for public projects such as this one are offered just compensation for the required property interests. Just compensation includes the appraised value of all the land and improvements within the acquisition, including consideration of financial damages to the remainder parcel in the case of a partial acquisition. Acquisition procedures, guided by Federal Regulations and Oregon Revised Statues, have been designed to protect both owners of properties needed for public projects as well as the public agency. Timing The City's goal is to provide transportation infrastructure for the new Federal Courthouse prior to the opening date, projected to be in Spring 2006. Passage of this resolution will provide for more timely and efficient right-of-way acquisition to facilitate completing the project. OPTIONS The council' s options are to adopt the resolution authorizing the use of eminent domain to acquire the property or to direct staff to continue attempting to negotiate purchase of the property without the power of eminent domain. STAFF RECOMMENDATION Staff recommends that the council adopt the resolution authorizing acquisition through the eminent domain process of needed rights-of-way for the purposes of construction of the infrastructure in the Courthouse District. L:\CMO\2004 Council Agendas\M040614\S0406142D.doc