The City Council adopted an emergency ordinance authorizing condemnation (eminent domain) proceedings to acquire right‑of‑way needed for a city road-improvement project and declared the acquisition a public use and necessity.

City Attorney Ferguson and staff explained the ordinance permits the city to commence condemnation actions, file required legal notices, and seek court determinations that the public use and necessity exist. Staff said most property‑by‑property negotiations for right‑of‑way had been resolved through a right‑of‑way agent and that one remaining owner (identified in the ordinance exhibits) declined to sign agreed documents at the title company, reopening the need for legal proceedings. Staff described the legal basis for condemnation in Washington (RCW chapters cited in the ordinance and Chapter 8.25 RCW for stipulations) and explained the city would attempt stipulations to obtain immediate possession and use if possible.

Attorney remarks in the meeting stressed that Washington law does not provide the same immediate-possession powers available in some other states and that the city’s most persuasive lever is the statutory permission to offer stipulations that condition attorney-fee awards if a court trial later awards higher compensation. Staff described an earlier appraisal where WSDOT concluded the taking increased the parcel’s value (raising issues with funding the agreed compensation), and explained negotiations had at one point reached signed documents that were later not returned by the property owner.

Council debated timing and legal mechanics; members asked for clarifications about acreage and appraised values. The city attorney said four properties were included in the ordinance exhibits and that negotiations with several had succeeded; the McKiernan property (exhibit numbers discussed) remained the core holdout. Staff estimated the city’s prior negotiated offer was roughly $50,000 for the remaining interest but said WSDOT’s appraisal indicated the road could increase the parcel’s value by up to about $1 million under the “highest and best use” valuation used in just‑compensation calculations.

Council member Peterson moved to adopt Ordinance No. 2056 (title read into record as adopting public use and necessity for imminent domain proceedings related to the road improvement project and authorizing condemnation with an immediate effective date); the motion was seconded and passed. Several council members and staff reiterated preference for negotiated settlement but said the ordinance was necessary to preserve the project schedule.

Staff will proceed to file the condemnation petition in Walla Walla County and to seek stipulations where possible; the ordinance authorizes the city attorney to sign stipulations and take other necessary administrative actions to advance the acquisition.