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Commission approves resolution starting condemnation process for Tenth Street intersection improvements

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Summary

The Leavenworth City Commission voted to approve Resolution B-23-99 to begin acquiring temporary and permanent easements needed for the Tenth Of Limits Street intersection project after staff said three property agreements remain unresolved.

The Leavenworth City Commission on May 25 approved Resolution B-23-99 to begin a condemnation process to acquire temporary and permanent easements for the Tenth Of Limits Street intersection improvement project.

City staff and the project consultant told commissioners the project will add turn lanes and modern traffic signals; plans require both temporary construction easements and permanent right-of-way. Staff said six property interests were initially identified, three easement agreements have been reached, and three remain under negotiation. The city said it will continue negotiating with property owners and will only use condemnation if those talks fail.

Why it matters: Staff told the commission that easements and rights-of-way must be secured before the project can be bid; the work is scheduled to be advertised in September with construction likely to start in spring 2026. Staff also outlined the city's responsibilities for associated legal and appraisal costs and stressed that any condemnation would include just compensation to property owners.

Commissioners asked about timing and the nature of the parcels at issue, and whether easements were temporary or permanent. Staff said some of the needed rights are temporary construction easements that will be restored to yard or pre-construction condition after work, while other corners require permanent right-of-way for the widened turn lanes and Americans with Disabilities Act upgrades. Commissioners pressed staff to keep negotiating and suggested tabling if more direct contact with property owners could yield agreements; staff replied the condemnation resolution is a parallel step to avoid jeopardizing project funding.

The commission voted to approve the resolution. City staff said they will continue outreach to property owners, provide updates to the commission, and pursue negotiated agreements where possible.