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Spring Hill council authorizes eminent-domain steps for Northeast Sewer Interceptor, retains outside counsel

May 09, 2025 | Spring Hill City, Miami County, Kansas


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Spring Hill council authorizes eminent-domain steps for Northeast Sewer Interceptor, retains outside counsel
The Spring Hill City Council on May 8 approved multiple preliminary steps to support the Northeast Sewer Interceptor Project, including retaining outside counsel to handle possible eminent-domain proceedings and passing both a resolution and an ordinance to identify and authorize acquisition of necessary easements and interests.

Community Development Director Spencer Lau told the council the city will try to negotiate easements with landowners but may need to use eminent domain for parcels where negotiations fail. "It is still absolutely the city's goal not to use eminent domain and reach agreements with landowners," Lau said, adding that compensation is paid to landowners and that the court process determines fair value.

The council voted to retain attorney Timothy Oreck (firm listed in the agenda materials) to provide eminent-domain legal services. Staff said retaining outside counsel is standard because such litigation requires specialized expertise and because the costs fall outside flat-fee agreements for routine city litigation.

Council members then approved Resolution No. 2025-R-11, which the staff said identifies the parcels and interests that may be necessary to condemn for the interceptor alignment, and followed with Ordinance No. 2025-06 authorizing the exercise of eminent domain and directing the city attorney to institute proceedings as provided by law. The ordinance and the resolution were described by staff as a contingency to avoid project delay if individual negotiations break down.

Lau and staff described the eminent-domain process in the Johnson County District Court: the city will identify needed permanent easements and temporary construction easements; the land will be returned to its pre-construction condition for temporary easements (for example, fences replaced and grass re-seeded); if the city files suit the court will appoint three independent real-estate appraisers to value the interests and the court will determine fair compensation. Staff emphasized eminent domain as a last resort and said the city will continue negotiating in the weeks after these approvals.

Action: The council approved retention of outside counsel for eminent-domain work (motion passed 4-0), approved Resolution No. 2025-R-11 (motion passed 4-0), and adopted Ordinance No. 2025-06 authorizing condemnation proceedings (roll-call vote recorded as 4-0).

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