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Landowner's attorney asks West Point council for time to negotiate over eminent domain
Summary
At the West Point City Council meeting, attorney Mike Tass, representing Al and Kathleen Pagel, asked the council to delay initiating eminent domain litigation for a levy reconstruction project and allow roughly a month to negotiate access and compensation while contractors proceed on schedule.
The West Point City Council heard a plea from an attorney for a local property owner Thursday as it considered a resolution authorizing eminent domain for a levy reconstruction project.
Mike Tass, who identified himself as the Pagels' attorney, told the council he represents Al and Kathleen Pagel and asked the council "not to sue Mr. Pagel . . . at least right now," requesting time to negotiate a voluntary agreement. Tass said the Pagels support the project in principle but raised concerns about potential changes to river flow and the effect on their property's value and enjoyment.
Council member Tom Swans introduced the item, saying the resolution was included in the meeting packet and that the project needs property interests acquired to move forward. Tass replied that the Pagels had already granted access for initial work and that contractors were planning to start moving on site around Dec. 9, but he asked the council to allow two weeks to a month to attempt a negotiated settlement before taking court action.
Tass said his client was not trying to block the public project and that, where possible, parties should resolve the matter without costly litigation. He also told the council he had discussed potential language with the city attorney that might permit contractors to proceed while negotiations continued. The attorney said he believed an agreement or workable language could be prepared in time for the council's next meeting.
Council members and staff discussed sequencing and schedules but recorded no formal motion to commence condemnation during this meeting. The council did not record a vote to file eminent domain litigation in this session; rather, the exchange closed with an expectation that staff and the Pagels' representatives would continue talks and that the council would receive an update at a subsequent meeting.
The next procedural step recorded in the meeting was that staff would try to craft language and that the parties aimed to have a negotiated path forward before the council's next regularly scheduled meeting.
