Council advances eminent-domain authorization process for Bluff Boulevard reconstruction

The Clinton City Council on Oct. 7 considered a resolution authorizing the acquisition of property and property interests by eminent domain for the Bluff Boulevard reconstruction project, and discussed the project's property impacts and outreach to affected owners.

City Engineer Jason Craft told the council the reconstruction is a federally funded project that required final design work identifying property acquisitions. Craft said the project involved two full-property acquisitions previously completed and a larger number of temporary easements and partial property acquisitions ("slivers") along the corridor to accommodate sidewalk and lane alignments. He said there were about 120 temporary easements and 25 to 30 partial acquisitions related to the design.

"Whenever we do a federally funded public project, we start off with going through the final design and identifying property acquisition necessary," City Engineer Jason Craft said. He described the temporary easements as work areas where the city's contractor "grades outside of the property lines and onto private property just for the purposes of matching the topography of the lawn or sidewalk to the public project" and said such easements are typically time-limited (one to two years).

Craft said most property negotiations had gone smoothly and that the city had held multiple public meetings. He described three outstanding property interests that required the eminent-domain step: one property in probate/estate status that could take a year to close, one in foreclosure (Planet Home Lending) and a third where the city was awaiting partial mortgage releases to complete a temporary-easement transaction. Craft said staff had attempted voluntary acquisition and relied on city attorney assistance to secure mortgage releases from lenders.

"We ended up with 0 contentious acquisitions," Craft said, adding that the eminent-domain step was considered a procedural measure to ensure the project could proceed on schedule.

Council discussion included requests to clarify the difference between a temporary easement and a partial acquisition for the public; Craft responded that partial acquisitions permanently move the right-of-way line to accommodate sidewalks, bicycle facilities or curve realignment and are generally small ("a few inches to 10 feet"). Craft said the project timeline could span about three years with more public meetings before bidding in February and construction starting in spring.

The council moved the resolution and adopted it by roll call. Council members acknowledged that use of eminent domain is typically a last resort and that staff had tried voluntary acquisition first.

Ending: Staff will continue communications with property owners and lenders as the project moves toward design completion and bidding.