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Morgantown council authorizes possible eminent domain for two Greenmont properties tied to CDBG park plan
Summary
Council approved a first-reading ordinance authorizing the city manager to institute eminent domain proceedings if necessary to acquire two Greenmont properties included in the city's CDBG action plan for a park and open space; the measure passed 6-0.
Morgantown — The City Council on Feb. 3 approved on first reading an ordinance authorizing the city manager to institute eminent domain proceedings as needed to acquire two properties in the Lower Greenmont neighborhood tied to the city’s CDBG annual action plan and consolidated five-year plan.
Attorney Simonton told the council the proposed ordinance is narrowly tied to properties identified in the adopted CDBG action plan and consolidated plan, and that the city is continuing to negotiate with property owners and the funding agency to reach agreeable transfer prices. The ordinance authorizes eminent domain only as a proactive option if negotiations fail and timeline constraints tied to a grant spend-down require action.
Councilors asked whether the ordinance’s scope was limited to the Greenmont plan and whether the city charter or code required council to adopt an ordinance before acquiring property. Attorney Simonton said council adoption by ordinance is required for property acquisition and that ordinances can be crafted more broadly or narrowly at the council’s discretion.
A motion to approve the ordinance on first reading carried by a 6-0 roll-call vote. City staff said they would continue to negotiate with property owners to avoid the need for eminent domain where possible and that one of the CDBG spend-down timelines occurs in May.
