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Council authorizes resolution initiating eminent domain steps for sewer lift-station and force main

5448943 · July 22, 2025
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Summary

Council adopted a resolution declaring it necessary to begin eminent-domain proceedings to obtain easements for a sewer lift-station and force main that staff says are critical to multiple northern Derby developments; staff said negotiations are ongoing but slow.

The Derby City Council on July 22 adopted a resolution declaring it necessary to consider using eminent domain to acquire permanent and temporary easements for a sewer lift station and force main that are part of the North Interceptor sewer project.

City Attorney Jackie Butler told the council the project will expand sewer capacity north of Patriot and east of Rock Road and is necessary to serve developments including Sky Ridge, Greenwood Village and the Starbond project. Butler said the city needs a permanent easement of roughly 0.64 acres and a temporary easement of roughly 0.35 acres on a parcel north of St. Mary’s Church; she described lengthy efforts to negotiate but said communications with the property owner’s counsel have been slow.

"All we're doing tonight is asking for you to adopt a resolution declaring it necessary to use eminent domain and directing the city engineer to finalize legal descriptions and put those on file with the city clerk for the easements that we are seeking to acquire," Butler said. She added that a future ordinance and court filings would be required before any taking and that the city will continue negotiations.

Councilors discussed timing: staff said the northern interceptor work is nearing completion and that bids for the lift-station and force-main work are at a point where the city needs to resolve easements to award the work. Council moved to adopt the resolution; the motion carried 6-0.