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Marion County approves two negotiated takings to advance 40 Ninth Avenue South road project, $579,310 total

Marion County Board of County Commissioners · February 4, 2025
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Summary

The county approved two stipulated orders of taking and final judgments to clear right‑of‑way for the Phase of 40 Ninth Avenue South; total settlement payments equal $579,310 and the county authorized the county attorney to finalize settlement documents so long as payment amounts are unchanged.

The Marion County Board of County Commissioners on Feb. 4 approved two negotiated settlements with property owners to allow the 40 Ninth Avenue South Phase road improvement project to proceed. County Attorney Dana Oluski presented the settlements as stipulated orders of taking that resolved two of four parcels scheduled for condemnation; the county is still in negotiations on the remaining parcels and expects additional hearings.

Oluski said one parcel (parcel number 10AR, owner Dorothy Anthony as presented) will result in a county payment of $530,000; that amount includes approximately $21,000 for relocation/moving expenses and some attorney fees budgeted at about $65,000 in the presentation. The second parcel (parcel number 42AL, owner ACTDT Brown LLC as presented) results in a county payment of $49,310 including $2,310 in attorney fees. Oluski said the combined budget impact for the two acquisitions is $579,310. The board approved both settlements and authorized the county attorney to finalize non‑payment revisions to the settlement documents so long as approved payment amounts are not altered.

Commissioner Stone moved for approval and Commissioner Curry seconded; the motion passed unanimously.