Douglas County authorizes eminent domain proceedings to secure land for Mueller Parkway; vote 3-2

Douglas County commissioners voted 3–2 on April 17 to authorize staff to begin eminent domain proceedings to acquire small property interests from Park Ranch Holdings for construction of Mueller Parkway and related drainage work, adopting Resolution 2025 R‑043.

County Manager Jennifer Davidson told the board staff did not make the recommendation lightly and described Mueller Parkway as a public‑purpose infrastructure project the county needs to complete to improve traffic circulation and reduce flood risk for planned developments. “This is the first step,” Davidson said, adding staff would continue to try to reach a voluntary agreement with the landowner.

Why it matters: Mueller Parkway is a multi‑phase roadway shown in the county’s master plan and the 2019 development agreement with Park Ranch. The county says two lanes of the road must be constructed by the end of 2025 under that agreement, and that small parcels and easements are needed to build embankments, culverts and an intersection/roundabout at Buckeye Road. Staff also told the board the proposed roadway will act as a levee in high flows and will redirect some floodwater to agricultural land north of the alignment; under county code an increase in base flood elevation of one foot or more is an “adverse impact” that must be compensated.

What staff said: County Engineer Jeremy Hutchings and Deputy District Attorney AJ Hames presented the technical and legal background. Hutchings described a handful of narrow encroachments — small culvert areas and embankment fill slopes totaling about 0.7 acres — that the county’s consultant determined are needed to construct the road at the planned elevation and to place drainage facilities. An independent appraisal valued the land and required adverse‑impact compensation at $186,900 ($166,900 for the land plus $20,000 for the adverse‑impact easement), staff said.

Hames reviewed the 2019 development agreement and told the board the agreement obligates the county to construct two lanes of Mueller Parkway within a six‑year window but does not obligate the county to build the larger, four‑lane cross‑section and drainage canal shown in a conceptual exhibit. The conceptual exhibit, he said, illustrates benefits the county negotiated — space to add four lanes, a multimodal path and a drainage channel in the future — but does not convert those conceptual improvements into a binding timeline or immediate obligation.

What the landowner said: Park Ranch Holdings (represented by attorney Nicole Scott and company principal David Park) disputed the county’s characterization. Scott argued the county had earlier told Park Ranch the larger right‑of‑way included a 100‑foot drainage conveyance and that the county’s current decision to pursue eminent domain reverses promises made in 2019. Park said the county’s designs and FEMA filings have changed over time and that the proposed changes will shift flood flows onto other portions of Park Ranch land and on adjacent properties, increasing future development costs. Park also offered to pursue alternative approaches, including temporary easements and upstream detention, if the county will agree to a negotiated path forward and additional time.

Board action and vote: Commissioner Sharla Hales moved and the board adopted Resolution 2025 R‑043 authorizing the county to commence eminent domain proceedings and directing staff to pursue acquisition and continue negotiations. The motion passed 3–2. Commissioners Gardner (acting chair), Hales and Tolbert voted yes; Commissioners Tarkanian and Rice voted no.

Next steps and caveats: Adoption of the resolution authorizes the county to file eminent domain proceedings; it does not itself take title or transfer property. If the county files, the superior court will review the legal necessity and determine just compensation. Staff told the board it will continue to pursue voluntary agreement discussions with Park Ranch while preparing any court filings.

Community reaction and context: Public commenters — including representatives of planning and flood‑management groups — urged the board to resolve the dispute without litigation and to ensure any roadway is designed to county standards and paired with upstream flood mitigation. Several speakers urged staff and the owner to return to the table for negotiated solutions before a court process begins.

Ending: The board’s action gives staff the legal authority to start eminent domain filings while leaving open negotiations with Park Ranch. The county reiterated the project is intended to serve a broader public purpose — transportation connectivity and flood‑risk management — but the timeline, exact design changes and any litigation remain unresolved.