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Council approves second reading to authorize eminent domain for two Greenmont parcels
Summary
The Council unanimously approved on second reading an ordinance authorizing eminent domain as a backstop to acquire two jointly owned parcels needed to complete a Lower Greenmont open-space plan, while staff continue voluntary negotiations.
City Attorney Simonton explained to the Morgantown City Council on July 21 that the ordinance authorizes the city and its land-reuse agency to proceed with eminent domain only if voluntary negotiation cannot close a sale because of title complications or liens. The measure covers two remaining jointly owned parcels needed to complete the city’s open-space plan in Lower Greenmont.
Simonton told council the city prefers voluntary acquisition and will continue negotiations, but that unresolved title issues have prevented a voluntary closing. “This ordinance is, in part, a proactive measure to allow acquisition of that property by eminent domain in the event that it is just not possible to acquire voluntarily due to those title issues, but also authorizes continued negotiations and voluntary acquisition, preferably,” Simonton said.
Council moved and seconded the ordinance for its second reading. A roll-call vote followed; all seven members voted “yes,” and the ordinance passed 7–0.
Why it matters: Council said the acquisition is intended to secure permanent public open space in Lower Greenmont as part of the city’s CVBG plan. Simonton emphasized staff will continue to negotiate in good faith before pursuing condemnation.
Voting record: the clerk recorded affirmative votes from the full council. No amendments were offered at second reading.
Next steps: Staff will continue negotiations with the property owner; the eminent-domain authority would be used only if voluntary acquisition remains impossible because of title or lien issues.
