Merriam council authorizes eminent-domain process and easements survey for 40 Ninth Street reconstruction

The Merriam City Council advanced the 40 Ninth Street reconstruction project on motions that authorize survey work and start the legal process to obtain required easements, including eminent-domain authority if needed.

The council first approved a resolution declaring the necessity for condemnation and authorizing surveys and legal descriptions for the 40 Ninth Street project, which covers the corridor from Schweitzer Road to Antioch Road. The motion to adopt the resolution was made by Council Member Silvers and seconded by Council Member Leahy; the resolution passed on an 8–0 vote.

Public Works staff said the project is roughly one mile long and includes a two-inch mill overlay and replacement, new curb and gutter, pavement markings, stormwater improvements, a new sidewalk on both sides of the street and a bike lane on the south side, from Knox Avenue to Antioch. Staff said utility relocations are underway and that the city has long listed the project in its capital improvements program.

City staff told the council that 69 properties would be affected: 64 temporary construction easements and five permanent easements described as small slivers chiefly at corners where sidewalk connections are needed. Staff said 38 property owners had signed easement documents and 31 had not as of the February 28 status report. Right-of-way counsel Orec and Erskine are retained to help acquire the easements; staff said counsel has sent letters and attended public meetings to obtain signatures.

To expedite the schedule, the council voted to waive the customary first reading of an ordinance directing the City Attorney to initiate eminent-domain proceedings; that procedural motion passed 7–1 with Council Member Kaldahl voting No. Council later approved the ordinance on an 8–0 vote. City Attorney Dink explained that adopting the ordinance directs the attorney to file a petition, but the actual taking does not occur immediately. "The actual condemnation and the taking doesn't occur until you get all the way to the process," Dink said, describing the court step in which a judge appoints appraisers and then determines compensation. Staff said the city typically files a petition and continues to negotiate with property owners; if an easement is signed after filing, staff will remove it from the petition.

Public Works staff said the condemnation process is multi‑step and that court proceedings typically require about 75 days before the city would be required to deposit funds into court; staff said filing a petition does not preclude continued negotiation and that another easement was recently returned by mail during the outreach period. Staff also said they were seeking to begin construction in June and that filing now helps preserve that schedule.

Councilmembers asked about the appraisal and compensation steps and were told the court engages independent appraisers to determine fair market value. Several councilmembers said they preferred to avoid condemnation where possible; staff and right-of-way counsel said they would continue door-to-door outreach and negotiation while the legal process runs.

The council's votes: resolution of necessity (8–0), motion to waive first reading (7–1, Kaldahl No), ordinance adopting eminent-domain action (8–0).