Bothell council authorizes eminent domain option for Bothell Way project, votes to sign federal grant amendment amid legal uncertainty

Headline: Bothell council authorizes eminent domain option for Bothell Way project, votes to sign federal grant amendment amid legal uncertainty

Lede: The Bothell City Council voted unanimously on Sept. 16 to approve an ordinance authorizing the city to acquire property by eminent domain if necessary for the Bothell Way Northeast Multimodal Improvements Project and later approved a resolution authorizing the city manager to execute a first amended and restated federal grant agreement on terms staff recommended while pursuing legal challenges; the grant votes passed 6–1.

Nut graf: Council members and staff said the multimodal project — intended to widen Bothell Way, add sidewalks, a two‑way bike lane and stormwater and utility work — is central to the city’s transportation and growth plans and to planned bus‑rapid‑transit service. Residents and business owners urged the council to minimize impacts to landscaping, access and parking during acquisition and construction. Staff and outside counsel told the council the city must balance the public‑use imperative for right‑of‑way with property owners’ rights and the legal uncertainty created by recently proposed federal grant language.

Body: City Manager Kyle Stannert told the council the ordinance before them would “allow the city to utilize condemnation if absolutely necessary” but emphasized that the action would be a tool used only after negotiated acquisition efforts, outreach and appraisals. Capital projects engineer Robert McCadden described the corridor project as extending from Reader Way to NE 240th Street, currently at about 60% design, and said project elements include widening travel lanes, sidewalks on both sides, a two‑way bike lane on the east side of the roadway, controlled access with U‑turns at select locations, and associated utility and stormwater improvements.

Staff said right‑of‑way negotiations began in 2024, with appraisals and offers underway; construction is scheduled to begin in 2027. McCadden said the team had taken measures to minimize acquisitions — for example, providing one two‑way bike lane rather than two separate one‑way lanes, narrowing vehicular lanes and reducing planter strip width in selected locations.

Several people spoke during public comment and the project discussion. Landowner Michael Hughes said he had been told his property would be condemned and asked how property owners would be compensated. Mary Farley, whose family said it has lived on the property for 72 years, told the council she had receipts documenting $18,532.85 in damage from prior construction and an appraisal of landscaping at $94,873, which she summed as a loss of $113,405.85; she asked the city to provide written assurances about restoration and business support. Scott Sousat, a co‑owner of a long‑established downtown business, said the city’s driveway and parking changes could threaten his business and asked for scheduling coordination during construction.

Councilors asked detailed questions about easements, temporary construction access and how appraisals account for lost uses. Council member Zorns asked whether drainage easements would severely limit owners’ ability to landscape, and project staff said appraisers and subsequent offers would take such restrictions into account. Staff and counsel repeatedly said temporary construction easements are used to perform work and would generally be restored to as good a condition as practicable after construction.

City attorney and outside counsel described the legal process: if negotiations fail the city may file condemnation cases in superior court, but it must first show the property is necessary for a public use; a judge or jury would then determine just compensation. As attorney Kim Pratt put it: “we have to show to the court that this project is a public use and that the properties are necessary. … And then if there had to be a trial, it would…