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Dayton council declines to start eminent‑domain process for disputed roadway
Summary
City staff sought authorization to initiate eminent‑domain steps to secure a roadway/right‑of‑way to access a landlocked parcel, but several council members expressed concern about legal uncertainty and potential financial liability; the resolution failed on a 2–3 vote.
City staff asked the Dayton City Council on Jan. 27 to authorize the start of an eminent‑domain process to secure a roadway and right‑of‑way for a landlocked parcel. Staff said the property originally included a platted roadway and that negotiations with the owner and the owner’s agent had not yielded a purchase agreement, so staff recommended passing Resolution O‑006‑2026 to allow staff to make a final offer and, if necessary, initiate condemnation procedures.
The staff presentation explained the scope of property needed (about 1.13 acres total, with roughly 18,986 square feet for temporary construction easement and 0.7 acres for permanent right‑of‑way), the possibility of returning a small corner to the owner, and that a final offer would be based on the appraisal value.
Several council members said they were conflicted about using eminent domain. “Had you asked me two years ago if I would have been okay with eminent domain, I would have said that I could not think of a situation,” one councilmember said, while noting that earlier plans and submissions had assumed the roadway would be provided. Another member urged continued negotiation and cautioned that authorizing the process did not bind the city to complete condemnation: “Authorizing this does not mean we’re, you know, all the way down the route, but it does initiate from the city staff’s perspective what steps we have to do,” staff said.
Council debate repeatedly returned to legal risk and potential costs if the city lost a condemnation case. One member asked whether the council would remain able to revoke the resolution later if new legal guidance or case law favored the property owner. Staff acknowledged the possibility of financial exposure and estimated that a loss could cost the city anywhere from “$5,000” to “$500,000,” though no firm estimate was available.
After discussion a councilmember moved to authorize the resolution and another seconded. On voice vote the motion failed 2–3.
What’s next: Staff said it will continue negotiation with the property owner and provide follow‑up reports to the council; no further eminent‑domain action was authorized that night.
