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Council delegates limited eminent‑domain authority to utility board for wholesale water main; staff say easements preferred, condemnation a last resort
Summary
Lebanon’s council voted to delegate limited eminent‑domain powers to the Lebanon Utility Service Board to acquire easements and one fee parcel needed for a wholesale water main project that must be in service by January 2027 under the city’s delivery agreement with the water supplier.
The Lebanon City Council on May 12 adopted a resolution delegating limited eminent‑domain authority to the Lebanon Utility Service Board for land needed to construct a wholesale water main and associated storage tanks.
Jeff Jacob, representing the utility, told council the city has an agreement to receive treated water from an external supplier with delivery milestones beginning January 2027 (2 million gallons per day). To accept the supply and meet the timetable the utility must construct roughly 50,000 linear feet of main plus one ground storage tank and one elevated storage tank. The planned route requires a mix of temporary and permanent easements and one fee‑simple purchase for the ground storage tank site.
Jacob said the utility has secured many easements through negotiation and that Indiana Economic Development Corporation (IEDC) will dedicate some easements within the LEAP district. However, he said 23 private landowners remain where easement acquisition is not complete and one fee parcel for the ground tank remains to be acquired. Jacob described extensive outreach: informational letters to affected owners, appraisals, offer packets and door‑to‑door contact by a land‑acquisition team. He said the utility prefers negotiated agreements but needs the ability to file condemnation actions if negotiations cannot be completed in time to meet construction and delivery deadlines.
Council asked clarifying questions. Jacob confirmed the project primarily seeks permanent and temporary easements for buried pipeline and that, except for the two storage‑tank parcels, the utility does not intend to acquire full fee ownership. He said construction timing is constrained: staff expect to begin construction in September to meet the January 2027 delivery milestone and need the easements in place to provide continuous construction access.
Rob (staff counsel) read the resolution delegating the city’s eminent‑domain authority to the utility board for the limited purposes detailed in attached exhibits; the resolution expressly reserves the council’s right to withdraw or modify the delegation later. With no public speakers on the item, the council voted to approve the resolution.
Jacob and councilors indicated the utility will continue to pursue negotiated easements, to compensate owners per appraisal for impacts such as driveway or tree removal, and to restore disturbed property where feasible.
