Marion Council authorizes property acquisitions for Albernat Road extension, allows eminent‑domain option

The Marion City Council on Thursday approved a series of resolutions to advance the Albernat Road extension, including establishing fair market value and authorizing acquisition of parcels from several owners and preserving the option to use eminent domain if negotiations fail.

Council and staff said the project is tied to a $7 million federal grant routed through Congresswoman Henson’s office and that federal “complete streets” expectations could require sidewalks on both sides of the road. Project staff said omitting the sidewalk gap risked losing the funding.

Residents affected by the phase‑one alignment — primarily on 8th Avenue — urged the council to find alternatives to right‑of‑way takings and to avoid placing a five‑foot sidewalk immediately in front of homes with short front yards. Sean Delaney, a homeowner whose property is included in the acquisition, said he counted “fewer than seven people” using the existing sidewalk across the street on any day and asked why the city needed to take private land for a sidewalk. “I personally don't see the need for a sidewalk on my side of the street,” Delaney said during public comment.

Staff answered that federal grant conditions and the project’s multimodal design make the sidewalk important to qualify for funding. The project presentation showed proposed new right‑of‑way lines, temporary construction easements, and planned signals at proposed intersections. Staff said acquisitions must be in hand before the city can proceed with letting the project and that environmental clearances and federal deadlines make timing critical.

Council approved the following actions related to Albernat Road: - Resolution 32,582: establishing fair market value and just compensation for property from the Harlan and Edith Muth Revocable Family Trust (approved). - Resolution 32,583: authorizing acquisition by gift, negotiation, or eminent domain for the same trust parcel (approved). - Resolution 32,584: establishing fair market value and just compensation for property owned by Sean Delaney (approved). - Resolution 32,585: authorizing acquisition by gift, negotiation, or eminent domain for the Delaney parcel (approved). - Resolutions 32,586–32,588: similar fair‑market‑value and acquisition approvals for the Beechls and Dooley properties (approved).

Council members repeatedly expressed sympathy for affected homeowners while also noting the practical risk posed by missing federal deadlines. Several members asked staff to schedule property walk‑throughs and to pursue “parallel paths” — continuing negotiations while preparing to file condemnation only if needed. City Attorney noted she would provide affected owners a final opportunity to negotiate before filing a condemnation application; council said it preferred negotiated resolution but wanted to preserve the funding timetable.

The council’s actions give staff authority to continue negotiations and, if needed, pursue condemnation hearings; members stressed they would continue to explore “creative solutions” for siding, grading or screening that might reduce impacts on the most affected households.

Next steps: Staff will continue environmental clearances, schedule property walk‑throughs with affected owners, and report back to the council if negotiations produce new terms or if condemnation proceedings are filed.