Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Eminent Domain Bus Stop Improvements topic
No spam. Unsubscribe anytime.
Indigo introduces ordinance authorizing eminent domain for bus‑stop ADA improvements
Summary
Board members introduced an ordinance that, if later adopted after a public hearing, would authorize the agency to acquire small property interests needed for local bus‑stop ADA upgrades; the public hearing and vote are scheduled for the next meeting.
Indigo staff introduced proposed Ordinance 2025‑01 on May 15, 2025, which would authorize the agency to acquire, by agreement or using eminent domain if necessary, small permanent or temporary property interests needed to construct local bus‑stop improvements tied to Indigo’s ADA transition plan.
Project manager Rachel Wilson told the board the agency has three local bus‑stop packages in various stages of design and construction; in some locations the existing public right‑of‑way is not deep enough to build an 8‑foot boarding pad required for ADA compliance. Staff said they attempt to secure voluntary agreements but that small “slivers” of property (often a few feet of frontage) may be needed and, if owners are unwilling or third‑party encumbrances prevent a voluntary transfer, the agency must have an ordinance in place authorizing eminent domain to proceed.
Chief Counsel Bob Fry said the ordinance simply would authorize the board to use eminent domain where negotiations fail; he noted a list of up to 13 properties attached to the ordinance as potential candidates for acquisition. Fry gave an example where a nursing facility wanted to donate needed right‑of‑way but could not because the parcel is encumbered by a HUD mortgage; extinguishing that interest could require condemnation because the mortgagee would not or could not provide a partial release.
Board members asked whether the parcels include residential properties; staff said the list is a mix of commercial and residential frontages and emphasized the typical acquisitions would be very small (appraisals for minor slivers have been as low as a few hundred dollars in prior cases). Staff also said some required interests might be temporary easements for construction that would revert after work is completed.
The ordinance was introduced for board consideration; staff said they will hold a public hearing at the board’s June meeting and then the board may vote on adoption at that time. No vote was required on May 15.
Votes: No board vote was taken on ordinance introduction; a public hearing will be scheduled for June.
