The McCall City Council authorized staff and the city’s legal counsel to pursue an order of condemnation to obtain fee title for a parcel between Mile High Marina and Hemlock Street that the city believes lacks clear record ownership. The move is intended to secure the title the Idaho Department of Lands now requires before issuing new encroachment permits for waterfront improvements and formalizing public access.

Why this matters: City staff said the shoreline parcel is an “orphan” strip that was platted during earlier surveys but for which ownership records and assessor mapping are unclear. The Department of Lands, which administers lakebed and shoreline encroachments, now requires proof of fee title for new encroachment permits. Without fee title the city cannot obtain the permits needed to improve shoreline access or address recurring illegal dumping and maintenance costs.

Staff presentation and rationale
Parks and Recreation staff presented the history and rationale. The parks director said repeated cleanups to remove illegal dumping and debris at the site have been costly and that the Department of Lands will not issue the encroachment permits the city needs unless the city can show fee title. Staff distributed a cost estimate for the legal process and told council the budget range to pursue condemnation with minimal expected opposition was roughly in the low tens of thousands of dollars. The parks director noted that portions of the preliminary research (title searches and an air‑photo search) have already been completed.

Legal and procedural points
City legal counsel explained that because the parcel’s chain of title involves many heirs and ambiguities dating to early plats, contacting “every owner” would be uncertain and time-consuming; condemnation is the legal path that would clear title for public use. Staff said many of the parcels in question are small and the city does not expect substantial litigation in the typical case, but warned that costs could increase if heirs or other claimants contest the process.

Council action
Councilmember Colby Nielsen moved the motion authorizing staff and legal counsel to proceed with necessary steps to obtain an order of condemnation for the parcel to secure the encroachment permits with the Idaho Department of Lands. The motion passed unanimously on roll call (Councilmembers Nielsen, Machesic, Giles (mayor), Nelson and Thrower: yes). The council authorized the mayor to sign necessary documents.

Next steps
Staff will proceed with title work, final legal steps and coordination with the Department of Lands. Parks staff indicated the city could pause at points if costs rose beyond initial estimates, but emphasized the site’s recurring maintenance burden and the value of acquiring fee title to pursue shoreline improvements and ongoing encroachment permits.

Speakers quoted in this article are limited to those who identified themselves on the meeting record.