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City seeks authority to use possession-and-use agreements, pursue eminent domain for Brookside realignment
Summary
City engineering staff asked council to authorize possession-and-use agreements and, if necessary, eminent domain to acquire five parcels adjacent to Nevada Avenue for the Brookside Realignment Project using PPRTA funds; staff said at least one occupied home would need removal and owners will be compensated according to appraisal and city real-estate manual.
City engineering staff told council they will seek authorization to use possession-and-use agreements and eminent-domain authority if needed to assemble five adjacent parcels for the Brookside Realignment Project, a PPRTA-funded safety and operational improvement along Nevada Avenue.
Gail Sturdivant, city engineer and deputy public works director, said the project realigns Brookside Road to eliminate an offset that produces multiple conflict points with South Nevada Avenue and that completing construction requires acquiring five contiguous parcels. She said three of the five parcels are owned by a single owner; staff have provided notices of intent to acquire and are working on appraisals. Sturdivant said affected owners will be compensated in accordance with the city's real estate manual, may obtain appraisals, and will be paid for demolition or other appropriate costs.
Council members asked for crash and operational data to justify the realignment and for clarity about who owns adjacent parcels and potential remnants of vacated street right-of-way. Sturdivant said she would provide the traffic and crash analysis and meet on-site with council members who requested a field visit. She confirmed that at least one single-family home (the Mims property) appears occupied and would need to be acquired and demolished for the realignment.
Sturdivant said the resolution would allow the city to proceed with possession-and-use to keep the project on schedule and to use eminent domain only if settlement negotiations did not conclude in time for the planned construction schedule. The resolution was scheduled for a May 12 regular meeting vote; staff said property owners would receive notice and could attend that meeting.
No vote was taken at the work session. The department said compensation will be based on appraisal and the city will follow its real estate procedures for relocation, title work and any necessary demolitions. Public works staff indicated coordination is ongoing with CDOT for signal timing, and the work will be funded with PPRTA program funds allocated for intersection improvements.
