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Elgin council authorizes eminent-domain resolution to secure easements for sewer extension
Summary
City council approved a resolution authorizing the use of eminent domain to acquire permanent and temporary easements needed to extend sewer infrastructure for the Elm Creek project; council and staff said negotiations continue and property ownership would remain with the landowners.
The Elgin City Council voted to authorize the use of eminent domain to acquire property interests needed to extend sewer infrastructure related to the Elm Creek sewer project.
City staff member Perry told council the resolution covers two parcels and would secure a permanent easement and a temporary construction easement to allow installation and operation of wastewater facilities. “This is not right away like what we talked about for County Line Road. The property would remain with the property owners, but this would be for the right ... to put in sewer infrastructure,” Perry said.
The resolution was presented as a step that would allow the city to pursue court-ordered acquisition if negotiations with property owners failed. Perry said the city had made offers based on appraisals, had ordered a new appraisal at city expense, and continued to negotiate: “We will continue to negotiate all the way up until it actually is [filed],” he said. Council members were told no immediate possession was planned and that the property owners would retain title if the easements were acquired.
A motion to approve the resolution was made during the meeting and carried. At the roll call recorded on the record, Mayor Teresa McShane voted yes; Council Member Kosnovsky voted yes; Council Member Gibson voted yes; Council Member Swain voted yes; Council Member Love voted no. The city clerk recorded the motion as approved and staff said the city will continue negotiations up until any condemnation filing.
City staff and council framed the measure as necessary to extend sewer service into the city’s CCN territory and to advance a long‑standing infrastructure project. Perry described the action as an administrative legal step to allow assignment to the court if talks failed but reiterated that the city preferred negotiated acquisitions.
The council did not provide an immediate timeline for construction; staff said the project has been on the books for some time and that the easements are needed to permit construction when funding and schedules align.
The resolution instructs staff to proceed with the eminent‑domain process if negotiation fails; staff said offers have been made to the landowners based on appraisals but no finalized acquisition had occurred at the time of the vote.
