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Staff say city may use eminent domain to secure small parcel for Jefferson Street railroad crossing improvements
Summary
Public works staff told council the city may acquire a roughly 173‑square‑foot parcel near Jefferson Street to clear space for BNSF signal equipment and crossing upgrades tied to a Section 130 rail grant; staff said the state grant will pay the costs and owners will be compensated.
Nick (public works staff) briefed the council on a planned property acquisition related to a federal Section 130 railroad crossing grant and the city’s role in acquiring a small parcel adjacent to a downtown crossing.
Nick described the parcel as a small, trapezoidal piece of land (about 173 square feet, roughly 16 feet long) currently occupied by rail infrastructure and a pole. Because BNSF was unable to complete an easement purchase with the owner, the city would act as the acquiring authority using its eminent domain power to ensure the crossing improvements proceed under the Section 130 grant timetable.
‘‘We, as the city of Burlington, are the only ones that have eminent domain authority,’’ Nick said, explaining the legal doctrine allows a public taking for public purpose and that the owner would be compensated through an appraisal and legal review. He told the council state Section 130 funds will pay for acquisitions and the improvements, and that no city dollars are expected to be required for the purchase itself.
Nick cautioned that failure to complete the necessary property work could threaten the downtown quiet zone. ‘‘If these things don't go forward, there is the possibility that BNSF will go to Federal Rail and say, because your conditions are not up to code, the quiet zone is not in effect,’’ he said, adding that in a worst case the crossing could be closed as a through roadway if compliance is not achieved.
Councilors asked clarifying questions about whether the action would be a parcel acquisition or a permanent easement; staff said the proceedings are moving toward a parcel acquisition rather than a mere easement and that the property owner — reported to be out of state — had been difficult to contact. Staff said they will proceed with the appraisal and legal process and return details and documents for council consideration.
