Roseville council authorizes lawsuit to secure temporary easement under Uniform Condemnation Procedures Act

The Roseville City Council on Sept. 9 authorized the city attorney to file a lawsuit under the Uniform Condemnation Procedures Act to obtain a temporary easement for streetscape work at property PP#14-17-208-039 (commonly known as 28305 Gratiot Ave).

City attorney representatives told the council in closed session that staff requested the authorization in order to acquire a temporary easement needed to remove and replace sidewalks as part of a streetscape project. In open session the council voted to give the authorization, citing the briefings under MCL 15.2681(h) and staff advice that eminent-domain procedures may be necessary because the property owner has refused a voluntary easement despite a payment offer.

City legal staff said the temporary easement would be limited to the construction work and that the city would compensate the owner; the staff also said the Uniform Condemnation Procedures Act provides the legal route if voluntary agreement cannot be reached. Councilman Knox moved and the motion was seconded by another councilmember; the motion passed by voice vote.

The council did not set a schedule for filing but authorized city attorneys to proceed. The action followed the closed-session legal discussion and came after staff described the streetscape project as providing public benefits to Gratiot Avenue merchants and property owners. The item drew questions from the public at the meeting about whether the city’s approach was “shady”; city staff clarified the city’s intent to pay for temporary easements and to use condemnation procedures only if voluntary agreements failed.