Commission holds eminent‑domain ordinance for BPU utility project for 30 days

The unified government heard a request on March 19 to authorize filing eminent‑domain petitions for narrow easements needed to extend a 12‑inch water main and electric conduit on a Board of Public Utilities project.

Tim Oric, outside counsel for the BPU, told commissioners the utility has negotiated broadly but remains in discussion with one property owner. He requested authority to proceed with condemnation filings if negotiations fail, stressing that voluntary acquisition remained the preference: “we are still continuing to negotiate. Hope we don't have to use this tool, but if necessary, we need it to be there,” Oric said.

Commissioners asked technical and governance questions: whether parts of the project will be underground or above ground (Oric said a mix), whether the BPU board had reviewed and endorsed the project (staff explained routine management decisions do not always go to the BPU board but that major land acquisitions typically do), and how Kansas law limits eminent‑domain easements to the minimum footprint necessary. Staff and counsel described the typical court process and appraisal steps, including appointment of three disinterested landowners as appraisers and payment of any court award to vest the easement.

Outcome: Commissioner Davis moved to hold the ordinance for 30 days to allow time for the BPU board to review and for staff to answer outstanding questions. The commission approved that motion by a 9–1 roll call vote.

What this means: The hold pauses any immediate authorization to file for condemnation and requires BPU staff to report back; if the parties cannot agree after further review, the commission may consider the ordinance at a later date.