|
Benton approves eminent domain bids |
|
|
Wednesday, 28 March 2007 |
Benton City Council approved taking legal action Monday night to acquire land owned by the Benton School District and Union Pacific Railroad in conjunction with the construction of overpasses on Arkansas 35.
The ordinances authorize the acquisition of the sites for easements through eminent domain, but neither document will be filed in court yet, Mayor Rick Holland said Tuesday.
According to the ordinances, Arkansas Highway and Transportation Department officials, who are negotiating with property owners on behalf of the city, reported that it was “impossible to acquire the easement by negotiation and purchase.”
Since the passage of the ordinances, city officials have determined that no one connected with either the Benton School District or Union Pacific was contacted about the land requests.
Several members of the Benton School Board have said they were not aware of any negotiation attempts and were caught off guard by the city's actions.
Alderman Bill Donnor, who abstained from voting on the ordinance because he is employed by Union Pacific, contacted company officials Tuesday and was told that they were not aware of any easement requests, the mayor told the Courier.
“I've talked to City Attorney Brent Houston and he's going to hold off filing anything until we get this cleared up,” Holland said Tuesday.
“The highway department] may have sent us the wrong information,” the mayor added.
During the council session, Alderman Brad Moore expressed concern that the city would have to sue the school district to obtain the easement and ultimately voted against the ordinance.
In response to Moore's comments, the mayor said he was told that the “amount of the appraisal was the issue.”
Moore also asked whether the city actually “would be part of a lawsuit” against the school district.
“The city would be the plaintiffs in the action,” Houston responded. “Yes, we'll be part of it.”
A similar ordinance was approved that names Arthur Connerly III, Martha T. Milby and James C. Wood as owners of property needed for the overpass construction projects.
The ordinance also notes that eminent domain proceedings will be used to acquire the site.
Each ordinance notes that the mayor is authorized and directed to pay in the registration of Saline County Circuit Court the appraised value of the easement and other sums as may be determined by the Circuit Court to be just compensation to the owner of the described lands.
In other action Monday night, the council:
•Approved the mayor's reappointment of Ken Young to the city's Planning and Zoning Commission. His term will expire in January 2014.
•Approved the mayor's appointment of Pam Gibson to the Planning and Zoning Commission to fill the position held by James Mansfield, who did not wish to serve another term. Gibson's term will expire in January 2014.
•Approved Michael Armstrong to the Board of Adjustment to fill the unexpired term of James Mansfield, who resigned. The term will expire in January 2009.
•Confirmed the Public Utilities Commission's appointment of Leroy Allen to the panel to fill the unexpired term of Lamont Cornwell. Cornwell, now a member of the Arkansas House of Representatives, was prohibited by state law from serving in the dual positions.
•Approved a resolution expressing the willingness of the city to utilize Arkansas Highway and Transportation Department Safe Routes to School Program funds. The project involves the construction of sidewalks in several Benton locations, including on Edison Avenue at Neeley Street and on Second Street to Border Street.
•An ordinance waiving competitive bidding and ratifying the making of contracts with Turn-Key Mobile for the purchase of computer equipment for 12 Benton Police Department vehicles. The total cost of the equipment is $20,944.
•An ordinance waiving competitive bidding and ratifying a contract with JCI Construction for continuation of the Benton Downtown Streetscape project.
The city's total cost for material, labor and equipment was noted to be $70,650.
•Approved the annexation of Woodlands Development of Saline County into the city.
Local resident J.B. Hutcheson complained about the action during the discussion period, saying the city should not be annexing additional areas because it cannot afford to provide services to all current residents.
Richards voted against the annexation because of the additional responsibilities the action places on police and fire departments. He also said he will vote against future annexation. |
Razorbacks