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Fort Scott land bank schedules eviction; board approves donations, appoints chair and treasurer and greenlights developer agreement

5936316 · February 25, 2025
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Summary

The Fort Scott Land Bank Board voted during its meeting to continue with eviction proceedings for a tax-foreclosed property unless the occupant redeems the title by paying the full redeemable amount set by the county treasurer within the court-ordered 14-day period.

The Fort Scott Land Bank Board voted during its meeting to continue with eviction proceedings for a tax-foreclosed property unless the occupant redeems the title by paying the full redeemable amount set by the county treasurer within the 14-day period ordered by the court.

The motion to proceed with eviction followed a staff update on a long-running matter involving a property described in the meeting transcript as 416 South Park (also later referenced as 416 Burke). Board members said the county court had issued a journal entry allowing the occupant 14 days to vacate and that, if the occupant did not vacate, the land bank could seek a writ of restitution and the sheriff’s assistance.

Why it matters: The decision moves the land bank toward securing possession of a foreclosed parcel the board says poses liability risks while also preserving a narrow window for redemption if the occupant can pay delinquent taxes and assessments. Board members directed staff to obtain the exact redeemable amount from the county treasurer and report back before final enforcement actions.

Board discussion and key points - Court order and timeline: Staff said the court allowed the occupant 14 days to vacate; if the occupant does not vacate, the land bank may request a writ of restitution to effectuate eviction. The board emphasized that liability concerns and lack of insurance on the property motivated continuing the eviction process.

- Redemption amount and next steps: Members repeatedly told the occupant (identified in the transcript as Mikaela/Mikhail) to contact the county treasurer to obtain the exact dollar amount required to redeem the property. A board member said they would contact the treasurer on the occupant’s behalf and relay the redeemable amount.

- Financing and feasibility remarks: Board members and a person identified in the record as Heather Madison discussed how difficult it would be for the occupant to secure a mortgage or loan within the court’s 14-day timeframe, given the house’s condition and the occupant’s personal circumstances.

Votes at a glance - Eviction continuation (proceed with eviction unless occupant redeems by paying the redeemable amount obtained from the county treasurer): Motion made and approved by voice vote. Motion text recorded in meeting: “I make a motion that we continue with the eviction. And on 14 days, I will get a hold of…[the occupant] with the redeemable amount that I received from the treasurer…then we’ll have to decide whether it’s possible.” (Motion recorded as approved by voice vote; individual roll-call votes were not recorded in the transcript.)

Other decisions and actions - Development application approved: The board accepted the application of Garrett Knight to use a foreclosed lot on East Wall for a mechanic’s shop, contingent on the applicant obtaining a rezoning for commercial use and, at the applicant’s expense, title evidence showing marketable title. The board chair said a development agreement with contingencies would be drafted and no funds or final transfer would occur until rezoning and title clearance were complete. Motion to accept the application passed by voice vote.

- Donation accepted: The board voted to accept a donation of a corner lot at 402 South Wharton after staff reported the donor had paid 2024 taxes but owed prior assessments totaling about $65. Members said the land bank would receive marketable title to that parcel; the motion to accept the donation passed by voice vote.

- Board reorganization: The board voted to expand from five to six members, authorized its nominee process to coordinate with the city commission, and then nominated and approved Don Tucker as chair and Heather Madison as treasurer. Those appointments were approved by voice vote.

- Demolition and title issues discussed: Board members discussed a vacant house at or referenced as 501 Northcoats (also described as an older house built circa 1900). Norm and other members said they thought the structure might not be salvageable; board directed staff to investigate title status, potential service issues, and whether adjacent landowners (including Frank Miller) might want to acquire or buy the lot before the land bank pursues demolition. Members tabled immediate demolition pending further investigation.

- Strategy on title clearing and incentives: The board discussed recurring obstacles to selling or redeveloping land bank parcels because many lack clear title. Members discussed quiet-title litigation and third-party attorneys who perform title work (one attorney name referenced: Tom Zuby). The board asked staff to research quiet-title costs, potential contractors for title work, and options to incentivize local builders — including a proposed small contractor bonus (example figure discussed: $2,000) to encourage construction of modest, affordable infill homes. The board noted that any such program would ultimately come back to the city commission for approval if funding or ordinance changes were required.

What the board directed staff to do - Obtain the precise redeemable amount from the county treasurer for the tax-foreclosed property in question and report back before the eviction enforcement step. - Draft a conditional development agreement for Garrett Knight’s East Wall application (contingent on rezoning and title clearance). - Investigate title-clearing costs and quiet-title procedures and report estimates at a future meeting. - Check service, title, and potential interest from adjacent landowner Frank Miller before proceeding with any demolition at 501 Northcoats.

Closing: The board set its next meeting date in the record as March 17 and adjourned after the motions and discussions above. The meeting record shows several donations pending additional review (including a donation application for 1721 East Wall and interest in 323 East Wall) and continued staff follow-up on title matters and county coordination to access tax-sale lists.