Council approves resolutions of necessity to acquire parcels for Lake McMurtry raw-water transmission main

The Stillwater City Council on July 7 adopted resolutions of necessity (CC-2026-17 and CC-2026-18) to acquire property in Noble County needed to establish and operate the Lake McMurtry raw-water transmission main. The council voted 5–0 to adopt each resolution, clearing the administrative step before the city may file a petition in district court if negotiations do not produce voluntary acquisitions.

City staff said the city has retained outside counsel to assist with the land acquisitions and recommended the resolutions because negotiations with some property owners "have not been successful." Staff described that the city has obtained some easements, adjusted routes where possible and will continue good-faith negotiations; if a timely agreement cannot be reached the city may resort to condemnation as a last resort.

When asked whether fair market value would still be paid if condemnation proceeds, staff confirmed that fair market value is determined through court procedures that follow statutory condemnation processes. Staff outlined the next steps: file a petition in district court, hold a hearing to appoint commissioners who will report awards or a determination of value, and provide an opportunity for landowner objection as part of the statutory process.

Why this matters: the resolutions allow the city to advance a critical water-transmission project intended to establish, construct and operate the Lake McMurtry raw-water transmission main. They also start a process that could include court-ordered condemnation if voluntary agreements cannot be reached.

Next steps: staff will continue negotiations where possible and, if necessary, proceed with statutory condemnation procedures after the filing of a district court petition.