Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Trails topic
No spam. Unsubscribe anytime.
Council directs staff to craft DOT'compatible resolution for Meadowbrook'Prospect trail after attorney flags condemnation limits
Summary
City staff described a 10-foot off'road trail that would require easements from about 24 properties. The city attorney warned state law bars condemnation for recreational trails; the council voted to direct staff to draft a combined resolution that meets DOT requirements while avoiding illegal condemnation language.
Council discussed the Meadowbrook'Prospect Trail Extension, a DOT-funded project to build a roughly 10-foot asphalt off-road path connecting the Lake Country Trail to Pewaukee High School along Meadowbrook Road and Prospect Avenue.
Maggie (city staff) explained the project would require easements or right-of-way from approximately 24 properties and that the DOT process requires appraisals and a second-review appraisal before letters and offers go to property owners. "Because this is a DOT-funded project, we have to follow the DOT process, and this is one of those steps," Maggie said, adding that preliminary conversations with property owners had produced both strong support and firm opposition depending on where a trail crossed private property.
City attorney Stan warned the council that state law restricts condemnation for recreational trails and said a relocation order that attempted to invoke chapter 32 condemnation authority would be "illegal the second that you do it." He recommended the council amend the referral so staff are authorized to obtain appraisals, negotiate with property owners, and pursue DOT-required steps but not to attempt to condemn property for a recreational trail.
Council debated DOT requirements versus statutory limits and whether to combine the two trail resolutions into a single, DOT-acceptable resolution that directs negotiation and appraisal work. A motion to authorize and direct the city attorney and the DPW director/engineer to prepare a single resolution acceptable to the Department of Transportation, and to designate Maggie as the city's authorized representative for the project, passed on a voice vote.
Staff said appraisals will be used to provide DOT-required documentation and that negotiation with property owners remains voluntary; the city confirmed it does not have condemnation authority for recreational trails under state guidance. The item now moves to staff drafting a combined resolution for council consideration and continued coordination with DOT.
