Johnston council approves eminent-domain resolution for Northwest water main segments B and C after public objections

The Johnston City Council on the evening of the meeting voted to authorize acquisition of property by eminent domain for the Northwest annexation water main extension project, limited to segments B and C, after a public hearing and an amendment to specify those segments.

City staff described segments B and C as extensions to serve the Northwest Growth area, with the proposed alignment running along Beaver Drive, Saylorville Drive and Northwest 110th Court. Staff said the city must convert a 15-foot permanent easement to a water-main easement on the MBDE enterprise parcel and acquire a temporary construction easement of roughly 194 by 50 feet to allow crews space to install the main. The presentation noted some of the proposed 15-foot easement falls within an existing 40-foot sanitary-easement corridor.

During the hearing the property owner who identified himself as Mr. Boyle of 7349 Northwest Sixth Drive said he was unaware of the full extent of the project when he purchased the parcel, said the work would remove timber and trees, and asked the council to delay the project so a prospective buyer would see the property’s potential before construction. “We spent $385,000 on this property,” Boyle said, and objected to the construction footprint and the loss of trees.

Dan Manning, an attorney representing Jerry and Helen Oliver, told the council that the environmental information document prepared for the State Revolving Fund (SRF) loan did not address tree impacts and urged the city to use existing highway right-of-way — particularly along Highway 415/Highway 141 corridors — to minimize land takings. He cited Iowa law and a January 2023 Iowa Supreme Court decision in arguing that placement in the dedicated right-of-way could reduce the amount of private property the project would require. Manning said his clients’ western property boundary abuts the alignment and that shifting the alignment to the state right-of-way could preserve a large number of mature trees and minimize property impacts.

City staff and engineers said they had been negotiating with affected owners and preferred an amicable resolution, but that staff needed to run parallel tracks: continue negotiations while preparing eminent-domain authority in case an agreement could not be reached. Staff said the city is under development agreements and obligations to extend service to the Northwest Growth area and planned to bid the project in March–April with construction to start later in the year and complete in 2025.

Councilmembers acknowledged the value of trees and the sensitivity of the impacted properties and asked staff to continue discussions with the Iowa Department of Transportation (DOT) and stakeholders. Councilmember Martin noted engineering work to avoid wooded areas where possible and encouraged joint advocacy to the DOT.

On a motion amended to specify segments B and C throughout the resolution, the council voted to approve Resolution No. 24-308 authorizing acquisition by eminent domain for the Northwest annexation water main extension (segments B and C). The motion passed on a roll call vote in which Councilmembers Martin, Reddy, Burkhart, Cope and Evans voted “yes.”

Separately, the council held the public hearing required by the Iowa Department of Natural Resources and the SRF loan process on the environmental information document for segments A, B and C. The city received public comment at the hearing and agreed to forward written comments and staff responses to the Iowa DNR as required; the hearing record will be provided to the agency and made public as part of the SRF loan application process. No council action was taken that night on the SRF loan beyond receiving comments and closing the hearing.