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Surf City council votes to start eminent-domain process for parcel tied to wastewater project
Summary
Council adopted a resolution to declare intent to exercise eminent domain on a parcel (PIN 4235-34-3825-0000) to secure land for a scalping station and roadway connectivity supporting phase-two wastewater infrastructure; the vote authorizes the town manager and attorney to proceed if negotiations fail.
The Surf City Town Council voted on a resolution to declare the town's intent to consider eminent-domain proceedings for a parcel identified by PIN 4235-34-3825-0000, a property staff said is needed to site a scalping station for phase-two wastewater and to improve roadway connectivity.
Kyle Brewer described prior attempts to negotiate a sale and said staff has worked with the town attorney and engineering team to ensure the proposed use fits existing zoning and flood-map constraints. The town manager indicated the property was unsuitable for prior ambitions at another location and stressed the need to obtain a site that will allow for screening and mitigation measures.
Town counsel explained the eminent-domain process, including notice requirements and deposit procedures, and said the town would provide the property owner with statutory notice that starts a 30-day window. Council discussed due-process protections, the opportunity for negotiated settlement and the potential cost uncertainty of litigation and appraisals.
After discussion, the council voted to adopt the resolution and authorize the manager and town attorney to proceed with the filing if no negotiated sale is reached. The motion passed by majority vote; several council members said they hoped the 30-day notice would spur negotiation and a voluntary sale.
Staff said funding for construction and acquisition would primarily come from enterprise (utility) funds, with specifics to be determined as the project and site plan are developed. Council asked staff to return with any negotiated offers so the council can reconsider if the purchase price exceeds the board's expectations.
