Farragut board approves eminent domain authorization to secure easements for Union Road project

The Town of Farragut's Board of Mayor and Aldermen on Dec. 11 authorized staff to commence eminent domain proceedings to obtain easements needed to complete the Union Road widening and drainage project, after staff reported negotiations had reached an impasse with one remaining property owner.

Town counsel and project staff told the board that of 47 parcels adjacent to the project corridor, 35 required some property interest for construction and the town has negotiated voluntary conveyances for all but one. Daryl Smith said an offer based on appraisals

was made to the owners of the parcel at 12817 Union Road

for $61,000. "The request is to approve the use of eminent domain powers to bring an action to try to resolve this issue so that the project can proceed," Smith said.

Counsel described the specific property interests at issue: slope easements, drainage easements and temporary construction easements. He explained the town's appraisal and review process, which included an initial appraisal and an appraisal review report. Staff said the easements do not require purchase of fee-simple title and that the town would compensate landowners for appraised damages including removed structures, landscaping, fences and trees.

Board members asked about additional concessions and changes made during design to reduce impacts. Staff said the shared-use path alignment was adjusted (moved closer to the curb on the Trout property) and construction easement areas were reduced to preserve trees; those design changes were described as material concessions to reduce the amount of property affected. Counsel also said the town historically negotiates voluntary acquisitions but has filed eminent domain in a few past cases when negotiations failed.

Several trustees noted local support for the improvement and safety concerns on Union Road. "I live in one of those neighborhoods, and I can tell you that the road needs to be improved," Alderman LaCroix said, adding that drainage and sight-distance issues make the work necessary. Smith and counsel acknowledged landowners provided a tree appraisal that estimated potential tree value at about $100,000, a point of disagreement about damages and valuation.

The board voted 5-0 to authorize staff and counsel to file an eminent domain action under Tennessee Code Annotated 19-17-107, with staff stating the town would tender the $61,000 offer into the court registry and seek an order of possession if the court permits. Counsel said any condemnation proceeding would then determine fair market value and damages owed to the owners.

The decision permits the federally funded project to proceed toward construction; staff said design approvals required by federal authorities had been obtained and the project had been under development since about 2017.

What happens next: staff and the town attorney will prepare the condemnation filing and, if necessary, deposit the offered funds with the court and request possession to allow construction to begin. The board recorded the roll-call vote as 5-0 at approximately 6:52 p.m.