Marion council authorizes condemnation option, sets $6,570 fair‑market offer for cemetery parcel for Seymour Trail

The Marion City Council on Jan. 9 approved two measures to advance acquisition of a parcel owned by the Mount Calvary Cemetery Association for the Seymour Trail, a multi‑jurisdiction project funded in part through a Destination Iowa grant that will connect Cedar Rapids and Marion. The council established fair market value at $6,570 for the parcel and authorized the use of condemnation as a backstop; both measures passed with one abstention and no recorded votes against.

City staff told the council the authorization to pursue condemnation is procedural and would not foreclose continued negotiations with Mount Calvary. "That is just authorizing the use of condemnation, and we would still be able to continue negotiations with Mount Calvary Cemetery Association," a city staff member said during the public hearing.

The parcel in question is described in staff exhibits as three contiguous tracts: a northern remnant that would be inaccessible to the cemetery after trail construction, a central portion needed for the trail itself, and a southernmost tract (referred to as "track C") that consists of a drainage ditch. Mount Calvary board member Tom Takis told the council the association is willing to negotiate but objected to proposed permanent easement language that would permit equipment access across burial lots. "We believe that this is sacred ground, and we would not be able to allow heavy equipment driving on people's graves," Takis said, adding that the easement language as written did not limit timing or types of equipment and could reduce the cemetery's future saleable lots by an estimated $40,000 to $50,000.

Staff and council members discussed maintenance needs for the ditch and bank stability. Seth, a city staff member involved with the trail project, described likely maintenance equipment: "For trail maintenances, it's gonna be with a truck with a plow. The additional maintenance would be ... with a larger tractor with a side mount arm cutter." Staff said the city parks department has experience working around burials at Oakshade Cemetery and that any operations would be done to avoid disturbing graves.

City staff and councilors emphasized that the condemnation authorization is intended as a last resort to meet funding and project schedule requirements. Kara, a city staff member, said, "I don't think either party truly wants to go through the condemnation process if we can negotiate this out," and said an addendum to the appraisal that would reflect easement impacts was pending. Staff said the project must be let by late spring or early summer to meet grant and permitting schedules; an earlier December deadline slipped. Representatives also noted involvement of the metropolitan planning organization (CMPO) and that Destination Iowa grant conditions are driving the schedule.

Mount Calvary asked for additional face‑to‑face negotiation and proposed alternatives for access and maintenance; the cemetery also submitted a letter to the city reflecting the same concerns voiced in public comment. City staff said they can provide a hold‑harmless agreement if cemetery personnel need to use the trail for maintenance, and that because the trail is public and funded through the grant, it cannot be used for private recreational purposes.

Council members pressed staff for continued negotiation and more detailed appraisal work that would quantify easement impacts. The motions before the council were limited to (1) establishing the $6,570 fair market value and authorizing an offer to purchase and (2) authorizing condemnation of the specific parcels if negotiations fail. Both resolutions passed with one abstention each; the record does not name which member abstained.

Next steps described by staff include receiving the appraisal addendum, continuing direct negotiations with the cemetery association, and scheduling any necessary condemnation proceedings only if a negotiated settlement cannot be reached before the project's letting deadline. Staff said they would also involve parks maintenance staff and the cemetery's representatives to agree on maintenance procedures that avoid disturbing burials.

The council's action keeps the Seymour Trail acquisition moving forward while preserving negotiation as the preferred route. The public record shows the cemetery's concerns over access, language in the proposed easement, drainage and bank stability, and potential loss of burial lots value remain open issues as the two parties continue discussions.