8.3 Eminent Domain N. Ohio
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
04/12/04
TIME
4:00P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR
NO: 8 AGENDA:
CITY ATTORNEY
ITEM
NO. 3 BY: Greg Bengtson BY:
Page 1
ITEM:
First reading Ordinance Number 04-10197 ordering the acquisition of fee simple title to certain real
estate for the use of the City of Salina, Kansas for the purpose of constructing the North Ohio
overpass project in conjunction with the Kansas Department of Transportation, pursuant to Chapter
26 of the Kansas Statutes Annotated, and amendments thereto, and further pursuant to Resolution
Number 03-6001 of the City of Salina, Kansas.
BACKGROUND:
On November 17, 2003, the Commission adopted Resolution 03-6001 declaring it necessary to
appropriate certain private property for construction of the North Ohio Overpass project and
authorizing the City Engineer to cause a survey and description to be made of those properties
which must be acquired in their entirety in order to construct the project. City staff believes that
negotiations with the owners of tracts 3, 5, and 14 have progressed to a point that the public interest
is best served by initiating the eminent domain procedure under Kansas law. That administrative
process under the supervision of the Saline County District Court provides for a determination of the
fair market value of the property through the use of a panel of three court-appointed appraisers.
State law requires that the three appraisers be disinterested residents of Saline County and that at
least two of the three have experience in the valuation of real estate.
The ordinance authorizes the City Attorney to prepare and file the petition necessary to initiate the
administrative proceeding.
RECOMMENDATION:
Pass Ordinance Number 04-10197 on first reading.