Item 5: Condemnation Resolution for West Bank Trail Extension

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At this time, initiation of condemnation action may be necessary to obtain the required legal possession. The authorization of the condemnation provides further documentation to property owners regarding 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 as determined by an appraisal. Just compensation includes the appraised value of all the property rights and improvements within the acquisition area, including consideration of financial damages to the remainder parcel in the case of a partial acquisition. In this case, the property rights being acquired are in the form of a permanent path easement and a temporary construction easement. 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 and public funds. The City’s goal is to certify right-of-way and have federal funds obligated by September 30, 2010, with construction scheduled to begin in October/November 2010. Passage of this resolution will allow the City to acquire the necessary property rights consistent the federal and state statutes and requirements. RELATED CITY POLICIES The West Bank Trail Extension bicycle and pedestrian project has been included in the Metropolitan Transportation Improvement Program (MTIP) and is supported by transportation system plan (Transplan) policies. It was identified as a needed project because the existing connection is not direct, nor is it perceived as a safe route for pedestrians and bicyclists. COUNCIL OPTIONS The council’s options are to adopt the resolution authorizing the use of eminent domain to acquire the remaining property rights or to direct staff to continue attempting to negotiate purchase of the property without the power of eminent domain. CITY MANAGER’S RECOMMENDATION Staff recommends that the council adopt the resolution authorizing acquisition through the eminent domain process of the needed property interests for the purposes of construction of the proposed public path. SUGGESTED MOTION Move to adopt Resolution 5012, authorizing the institution of proceedings in eminent domain for the acquisition of property interests (tax map 17-03-18-00 lot 699 and tax map 17-04-12-40 lot 800) for the bicycle pedestrian path extension. Z:\CMO\2010 Council Agendas\M100726\S1007265.doc