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Commission authorizes resolution to begin condemnation if needed for water-main easement at North River Road property
Summary
The commission adopted a resolution approving acquisition of a permanent utility easement under property at 24411 North River Road to allow water-main construction and maintenance; staff reported negotiation attempts, an appraisal and a use-and-possession agreement while compensation remains to be settled in court if necessary.
City staff presented a resolution authorizing acquisition of a permanent utility easement under and across property at 24411 North River Road to enable construction, installation, maintenance and replacement of a water main.
The city manager explained staff had attempted to negotiate the easement, obtained an appraisal and offered that amount to the property owner. The owner sought its own appraisal, later asked the city to buy the entire property, and ultimately agreed to a use-and-possession agreement permitting the city to proceed with work while reserving the right to settle compensation in court. "They just want to settle the compensation portion in court," the manager said.
Because Michigan law requires a resolution and statement of necessity before condemnation proceedings may begin, the commission adopted the recommended resolution to enable legal counsel to initiate proceedings if negotiation and settlement do not resolve compensation. Commissioners asked for background on prior contacts and how many neighboring properties were already settled; staff said two adjacent properties had been resolved.
The resolution passed on roll call. The motion authorizes city legal counsel to pursue condemnation if needed while ensuring the property owner receives just compensation as required by law.
