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Council authorizes condemnation petition for narrow Mohawk strip after developer negotiations failed
Summary
The council approved a resolution allowing the city to use condemnation authority to secure a 0.032‑acre (approximately 1,404 sq. ft.) strip needed to extend Mohawk Drive through a new PUD; the decision drew extended public comment and at least one council recusal.
The City Council on Jan. 7 authorized the city to pursue condemnation authority under the city code for a narrow strip of land that the council and staff said is necessary to extend Mohawk Drive through a planned unit development (PUD) known as Bunny Trail.
Planning staff presented background showing that Bunny Trail Estates LP is developing a PUD that requires extension of Mohawk to provide critical connectivity. A 14‑foot‑wide strip owned by WBW Development remains outside the PUD and outside the city limits, and staff said the developer attempted to purchase the right of way; the presentation said the developer offered $20,000 in February 2024 but the offer was not accepted. Staff reported a third‑party appraisal figure and included documentation required under city code Section 26‑93 for council consideration of condemnation requests.
The staff report recommended that council approve the memorandum resolution authorizing the use of condemnation authority. Council discussed the legal process; city attorney’s office staff explained that approval of the resolution is an initial step and that eminent‑domain procedures (including bona fide offers and, if no agreement is reached, a special‑commissioners hearing) would follow. Several residents and the landowner’s counsel spoke during the public‑comment period; counsel for WBW said the company has sometimes donated land to the city but declined in this instance and requested further negotiation.
Council removed RS‑25‑008 from the consent agenda for separate consideration and then approved the memorandum resolution to authorize condemnation authority. One council member abstained from that vote; staff said the matter will proceed under the city’s condemnation process if negotiations do not resolve the right‑of‑way acquisition.
