Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Eminent Domain Stormwater topic
No spam. Unsubscribe anytime.
Wagoner council declares necessity to acquire title for stormwater detention after public comment in property dispute
Summary
After public comment from a property owner’s representative, the council voted to declare necessity to acquire marketable title to a portion of private property for stormwater detention; the agenda item and votes included mixed yes/no roll-call responses and an earlier public plea to return a deed to the purchaser.
The Wagoner City Council voted on a resolution declaring the necessity of acquiring marketable title to portions of private property described as the south half of Lot 1 and the south 70 feet of Lot 2, Block 437, in Wagoner, for stormwater detention purposes.
Before the council entered an executive session on the related claim, a representative for property owners—who identified himself as Richard Grieve—addressed the council on behalf of Bart and Carolee Bogle. Grieve said the Bogles had purchased the property, made improvements and then received conflicting communications from county and city officials about the property's legal description and title. He urged the council not to condemn the property and asked that the deed be returned to his clients.
The council later returned from executive session and considered a resolution authorizing action to acquire marketable title to the described parcel to accomplish the city's stormwater management objectives. A motion to adopt the resolution passed by roll call. The recorded votes included yes from Butler, Higginbotham and Abernathy, a no from Wright and a no recorded from Sampson; other roll-call entries in the record are unclear or abbreviated.
The resolution language on the agenda declares the city's intent to acquire marketable title and authorizes action as necessary; the meeting record does not show a separate condemnation ordinance, a specific takings timetable, an appraisal value or a stated acquisition offer. The council’s recorded action authorizes the city to pursue marketable title by whatever legal means the city determines appropriate to meet stormwater detention objectives.
Neither the meeting packet nor the public remarks at the meeting included an appraisal, purchase price or explicit timeline for acquisition.
