HomeMy WebLinkAboutPHN - Taft Ave Reconstruction Project - PUBLISH 11-19-25NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE TAFT AVENUE RECONSTRUCTION PROJECT
TO: Martin & Melissa Lacina Graincomm III LLC 4818 American Legion Road SE PO Box 723597
Iowa City, IA 52240 Atlanta, GA 31139 Stephen & Julie Lacina Marilyn Marsh 4821 American Legion Road SE Garwood 2015 Trust Iowa City, IA 52240 10 Trailside Drive
Amherst, NH 03031 Donald Lacina Saint Marks United Methodist Church 5146 Lower West Branch Road SE 2675 E Washington Street Iowa City, IA 52240 Iowa City, IA 52245
Chapter 6B of the Iowa Code requires a governmental body which proposes to acquire property rights under power of eminent domain for a public improvement project to give notice of the project to all agricultural property owners whose properties may be affected and to hold a public hearing.
1. DESCRIPTION OF THE PROJECT. NOTICE IS HEREBY GIVEN to the above-identified agricultural property owners, contract purchasers, and known tenants that the City Council of the City of Iowa City will consider
funding of the site-specific design for the Taft Avenue Reconstruction Project, making the final
selection of the route or site location, and acquiring or condemning property rights, if necessary, required for the project. Said project generally includes the reconstruction of Taft Avenue from American Legion Road to Lower West Brach Road.
2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION. If the above-described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include a temporary
construction easement, a permanent easement, and/or a fee simple parcel (complete ownership).
Upon review of the records of the Johnson County Auditor, it appears that properties or portions of properties owned or leased by the above-identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property rights by good faith negotiations. If negotiations are unsuccessful, the City will condemn those
property rights which it determines are necessary for the project. The proposed location of the
above-described public improvement is shown on documentation which is now on file in the office of the City Clerk and available for public viewing.
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3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND PROJECT.
The City has provided funding in its budget for this project, as well as funding to acquire any
property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached the point where preliminary designs now indicate that certain property rights may need to be acquired. Any public comment will be considered in preparing the final
designs, particularly as private property may be affected.
In making the decision to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to acquire or condemn property rights, if necessary, the City Council is required to hold a public hearing, giving persons interested in the proposed
project the opportunity to present their views, including opposition, regarding the decision to
fund the site-specific designs for the project, make the final selection of the route or site location, or to acquire or condemn, if necessary, property or an interest in property for the project. The public hearing will be held on the 9th day of December, 2025 in the City Council Chambers, City Hall, 410 East Washington Street, Iowa City, Iowa, commencing at 6:00 p.m. or, if
cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In
order to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to commence the acquisition or condemnation of property rights, if necessary, for the above-described project, City Council will be required to approve the project and authorize acquisition of private property rights for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution authorizing acquisition of property
rights for the above-described project following the public hearing. A draft resolution is attached. When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and/or property acquired in fee simple. The
City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property rights by condemnation. 4. CONTACT PERSON
If you have any questions concerning the Taft Avenue Reconstruction Project, please contact the following person:
Jon Resler City of Iowa City
410 E. Washington Street Iowa City, IA 52240 (319) 356-5189
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5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS.
The City Council of the City of Iowa City, Iowa has not yet determined to undertake the above-
described project or to acquire property rights for the project. This Notice does not constitute an offer to purchase property rights. 6. STATEMENT OF RIGHTS.
Just as the law grants certain entities the right to acquire private property, you as the owner of property have certain rights. You have the right to:
a. Receive just compensation for the taking of property. (Iowa Constitution, Article I,
section 18)
b. An offer to purchase which may not be less than the lowest appraisal of the fair market
value of the property. (Iowa Code section 6B.54(3))
c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring
agency's determination of just compensation is based not less than ten days before
being contacted by the acquiring agency's acquisition agent. (Iowa Code section
6B.45)
d. An opportunity to accompany at least one appraiser of the acquiring agency who
appraises your property when an appraisal is required. (Iowa Code section 6B.54(2))
e. Participate in good-faith negotiations with the acquiring agency before the acquiring
agency begins condemnation proceedings. (Iowa Code section 6B.2B)
f. Retain legal counsel of your choosing at your expense for the purpose of bringing a
court action to challenge the exercise of eminent domain authority or the
condemnation proceedings in accordance with the provisions of law. (Iowa Code
section 6B.3A; Iowa Code section 6A.24)
g. A determination of just compensation by an impartial compensation commission and
the right to appeal its award to the district court if you cannot agree on a purchase
price with the acquiring agency. (Iowa Code section 6B.4; Iowa Code section 6B.7;
Iowa Code section 6B.18)
h. Payment of the agreed upon purchase price or, if condemned, a deposit of the
compensation commission award before you are required to surrender possession of
the property. (Iowa Code section 6B.25; Iowa Code section 6B.26; Iowa Code section
6B.54(11))
i. Reimbursement for expenses incidental to transferring title to the acquiring agency.
(Iowa Code section 6B.33; Iowa Code section 6B.54(10))
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j. Reimbursement of certain litigation expenses: (a) if the award of the compensation
commissioners exceeds 110 percent of the acquiring agency's final offer before
condemnation; and (b) if the award on appeal in court is more than the compensation
commissioners' award. (Iowa Code section 6B.33)
k. To the greatest extent practicable, be provided at least 90 days' written notice to
vacate occupied property prior to construction or development of a public
improvement. (Iowa Code section 6B.54(4))
l. Relocation services and payments, if you are eligible to receive them, and the right to
appeal your eligibility for and amount of the payments. (Iowa Code section 316.9; Iowa
Code section 6B.42)
The rights set out in this Statement are not claimed to be a full and complete list or explanation of an owner's rights under the law. They are derived from Iowa Code Chapters 6A, 6B and 316. For a more thorough presentation of an owner's rights, you should refer directly to the Iowa Code or contact an attorney of your choice.
Kellie Grace City Clerk