Condemnation Process - Revision history

Irina Idelson: /* Condemnation Process */

2021-06-25T21:17:16Z

Condemnation Process

← Older revision		Revision as of 16:17, 25 June 2021
Line 13:		Line 13:
	*The Law Department drafts and submits to Council a Resolution declaring the need for eminent domain action. Resolution is effective upon publication.		*The Law Department drafts and submits to Council a Resolution declaring the need for eminent domain action. Resolution is effective upon publication.

	*Project manager requests current ~~title work~~ (no more than 2 to 3 months old), to include property owners, situs address, mailing address, mortgage holders, easements, lienholders, and parties in possession. PW staff will review the legal descriptions of the takings for accuracy. All of this information along with 8/12” x 11” color tract maps showing the takings and a spreadsheet of the takings, is provided to the Law Department.		*Project manager requests current Title Report (no more than 2 to 3 months old), to include property owners, situs address, mailing address, mortgage holders, easements, lienholders, and parties in possession. PW staff will review the legal descriptions of the takings for accuracy. All of this information along with 8/12” x 11” color tract maps showing the takings and a spreadsheet of the takings, is provided to the Law Department.

	*Project manager files survey with City Clerk and provides a copy to the Law Department.		*Project manager files survey with City Clerk and provides a copy to the Law Department.

Irina Idelson: /* Condemnation Process */

2020-12-24T15:00:28Z

Condemnation Process

← Older revision		Revision as of 10:00, 24 December 2020
Line 30:		Line 30:

	*The Law Department will forward payments to the District Court and receive a receipt of payment. The Law Department will provide Public Works with a copy of the receipt. Once payment is received by District Court, the easements belong to the City.		*The Law Department will forward payments to the District Court and receive a receipt of payment. The Law Department will provide Public Works with a copy of the receipt. Once payment is received by District Court, the easements belong to the City.

	~~Project is advertised.~~

	~~If needed, a pre-bid meeting is held approximately one (1) week prior to the bid opening.~~

	~~Bids are opened.~~

	~~Project manager recommends to Public Works Committee that they approve the selected contractor.~~

	~~Council awards the project.~~

	~~A pre-construction meeting is held.~~

	~~A public meeting is held.~~

	~~Notice to Proceed is issued to the contractor.~~

	~~Construction begins.~~

Irina Idelson: /* Steps in the Eminent Domain Process Involving Public Works */

2020-12-17T19:53:33Z

Steps in the Eminent Domain Process Involving Public Works

← Older revision		Revision as of 14:53, 17 December 2020
Line 1:		Line 1:

	=== ~~Steps in the Eminent Domain~~ Process ~~Involving Public Works~~ ===		===Condemnation Process===


	*Project Engineer and acquisition agent meet with Law Department to ~~discuss~~ project and ~~review requirements for~~ condemnation.		The complete process of obtaining easements through condemnation before construction begins can take 6 to 9 months. This timeline runs consecutively from the first meeting with the Law Department to Notice to Proceed. The time can be shortened if the bid letting and award process runs simultaneously with the condemnation process. An ordinance designating the project scope and cost must be in place prior to initiating the condemnation process.

	*~~Project Engineer provides~~ the ~~following to Law Department. All legal descriptions, title work, lienholders, and parties in possession shall be provided to Law in a computer-ready format (i.e.: Word~~, ~~Access or Excel)~~.		*An offer is made to the owners of the properties from which easements are required, followed by good faith negotiations.

	#Legal descriptions, verified by PW staff, of the necessary takings (temporary construction easements, permanent right of way easements, permanent drainage easements, sidewalk easements, utility easements).		*Project manager determines that condemnation action will be needed in order to acquire all easements needed for the project.
	~~#Legal description of each tract from which the easements are to~~ be ~~taken.~~
	~~#Current title work (no more than two to three months old) including ownerships, mortgage holders, easement and lienholders, and parties~~ in ~~possession, along with addresses of same.~~
	~~#8 1/2" x 11" color map of each tract showing the takings.~~
	~~#Copy of the survey and description of the land or interest~~ to ~~be condemned, after it is filed with~~ the ~~City Clerk~~.

	*Project ~~Engineer shall~~ meet with Law Department to ~~review~~ the ~~eminent domain petition~~ and ~~determine length of temporary construction easements and other information particular to~~ the ~~project~~ for ~~which easements are being acquired. City Engineer verifies petition~~.		*Project manager and acquisition agent meet with the Law Department to discuss the project and review the requirements for condemnation.

	*~~Project Engineer shall stake tracts prior~~ to ~~appraiser's hearing to show what~~ is ~~being taken~~.		*The Law Department drafts and submits to Council a Resolution declaring the need for eminent domain action. Resolution is effective upon publication.

	*Project ~~Engineer shall attend eminent domain and appraiser's hearings~~, ~~with project plans~~, and ~~be ready to explain project and~~ review ~~plans~~ with ~~judge~~, ~~property owners and appraisers~~.		*Project manager requests current title work (no more than 2 to 3 months old), to include property owners, situs address, mailing address, mortgage holders, easements, lienholders, and parties in possession. PW staff will review the legal descriptions of the takings for accuracy. All of this information along with 8/12” x 11” color tract maps showing the takings and a spreadsheet of the takings, is provided to the Law Department.

	*Project ~~Engineer shall attend viewing~~ with ~~appraisers in order~~ to ~~answer field questions~~.		*Project manager files survey with City Clerk and provides a copy to the Law Department.

	*~~After appraiser's~~ report is filed, Director of Public Works and City ~~attorney shall sign off on awards and fees, after consultation with~~ Project ~~Engineer~~, prior to ~~Finance Department issuing award and fee check~~ to ~~District Court~~.		*Project manager meets with the Law Department to review the eminent domain petition and determine the length of temporary construction easements and other information particular to the project. The City Engineer verifies the petition.

			*Once the Ordinance is published, the Law Department is able to file the Petition for Eminent Domain with Johnson County District Court. Once this is recorded a court date can be obtained for the Consideration of the Action and for the appointment of appraisers. Notice of these hearings along with a copy of the Petition are published and also provided to the plaintiffs. The Project manager attends these hearings with project plans in case of questions by the judge.

			*Law Department consults with the appointed appraisers to determine a date for the Appraisers Hearing. Once a date is determined, the Notice of Appraisers Hearing is published and provided to the plaintiffs.

			*Project Manager makes arrangements to have the areas of takings surveyed and staked for review by the appointed appraisers.

			*Appraisers Hearing is held. Project manager attends this hearing and the viewing of the takings with project plans in order to answer any questions. Appraisers physically view the takings at each property. Appraisers have 45 days to file their report.

			*Once the Appraisers Report and Statement of Appraisers Fees are filed with the District Court, the Law Department will route these documents along with check requests for signatures by the City Attorney and Director of Public Works. Check requests are submitted to Finance with a request to route the checks to the Law Department.

			*The Law Department will forward payments to the District Court and receive a receipt of payment. The Law Department will provide Public Works with a copy of the receipt. Once payment is received by District Court, the easements belong to the City.

			Project is advertised.

			If needed, a pre-bid meeting is held approximately one (1) week prior to the bid opening.

			Bids are opened.

			Project manager recommends to Public Works Committee that they approve the selected contractor.

			Council awards the project.

			A pre-construction meeting is held.

			A public meeting is held.

			Notice to Proceed is issued to the contractor.

			Construction begins.

Irina Idelson at 20:21, 9 July 2020

2020-07-09T20:21:56Z

← Older revision		Revision as of 15:21, 9 July 2020
Line 1:		Line 1:
	~~[[Phase_III_-_Final_Design#Task_No._6_-_Begin_Condemnation_Process\|'''Back to Phase III, Task 6''']]~~


	=== Steps in the Eminent Domain Process Involving Public Works ===		=== Steps in the Eminent Domain Process Involving Public Works ===

Sally Wachtel at 21:13, 31 August 2012

2012-08-31T21:13:04Z

← Older revision		Revision as of 16:13, 31 August 2012
Line 16:		Line 16:

	*Project Engineer shall meet with Law Department to review the eminent domain petition and determine length of temporary construction easements and other information particular to the project for which easements are being acquired. City Engineer verifies petition.		*Project Engineer shall meet with Law Department to review the eminent domain petition and determine length of temporary construction easements and other information particular to the project for which easements are being acquired. City Engineer verifies petition.

			*Project Engineer shall stake tracts prior to appraiser's hearing to show what is being taken.

	*Project Engineer shall attend eminent domain and appraiser's hearings, with project plans, and be ready to explain project and review plans with judge, property owners and appraisers.		*Project Engineer shall attend eminent domain and appraiser's hearings, with project plans, and be ready to explain project and review plans with judge, property owners and appraisers.

	*Project Engineer shall stake tracts prior to appraiser's hearing to show what is being taken.

	*Project Engineer shall attend viewing with appraisers in order to answer field questions.		*Project Engineer shall attend viewing with appraisers in order to answer field questions.

	*After appraiser's report is filed, Director of Public Works and City attorney shall sign off on awards and fees, after consultation with Project Engineer, prior to Finance Department issuing award and fee check to District Court.		*After appraiser's report is filed, Director of Public Works and City attorney shall sign off on awards and fees, after consultation with Project Engineer, prior to Finance Department issuing award and fee check to District Court.

Sally Wachtel: /* Steps in the Eminent Domain Process Involving Public Works */

2012-08-28T14:45:03Z

Steps in the Eminent Domain Process Involving Public Works

← Older revision		Revision as of 09:45, 28 August 2012
Line 19:		Line 19:
	*Project Engineer shall attend eminent domain and appraiser's hearings, with project plans, and be ready to explain project and review plans with judge, property owners and appraisers.		*Project Engineer shall attend eminent domain and appraiser's hearings, with project plans, and be ready to explain project and review plans with judge, property owners and appraisers.

	*Project ~~engineer~~ shall stake tracts prior to appraiser's hearing to show what is being taken.		*Project Engineer shall stake tracts prior to appraiser's hearing to show what is being taken.

	*Project ~~engineer~~ shall attend viewing with appraisers in order to answer field questions.		*Project Engineer shall attend viewing with appraisers in order to answer field questions.

	*After appraiser's report is filed, Director of Public Works and City attorney shall sign off on awards and fees, after consultation with ~~project engineer~~, prior to Finance Department issuing award and fee check to District Court.		*After appraiser's report is filed, Director of Public Works and City attorney shall sign off on awards and fees, after consultation with Project Engineer, prior to Finance Department issuing award and fee check to District Court.

Sally Wachtel: /* Steps in the Eminent Domain Process Involving Public Works */

2012-08-28T14:43:57Z

Steps in the Eminent Domain Process Involving Public Works

← Older revision		Revision as of 09:43, 28 August 2012
Line 5:		Line 5:


	~~In order to begin the condemnation process, the~~ Law Department ~~needs Public Works~~ to ~~provide the following:~~		*Project Engineer and acquisition agent meet with Law Department to discuss project and review requirements for condemnation.

	~~#Legal descriptions of~~ the ~~necessary takings (temporary construction easements, permanent right of way easements, permanent drainage easements, sidewalk easements, utility easements) in computer ready format~~.		*Project Engineer provides the following to Law Department. All legal descriptions, title work, lienholders, and parties in possession shall be provided to Law in a computer-ready format (i.e.: Word, Access or Excel).
	~~#Legal description of each tract from which the easements are to be taken~~, ~~in computer ready format.~~
	~~#Current (no more than two to three months old)~~ title work ~~including ownerships, mortgage holders~~, ~~easement and~~ lienholders, and parties in possession~~, along With addresses of same,~~ in computer ready format.
	~~#8 1/2" x 11" map of each tract showing the takings~~.
	~~#Survey and description of the land~~ or ~~interest to be condemned, filed with the City Clerk~~.

	*In house project engineer shall meet with city attorney to review the ~~eminent domain petition and determine length of~~ temporary construction easements and ~~other information particular~~ to the ~~project for which easements are being acquired~~.		#Legal descriptions, verified by PW staff, of the necessary takings (temporary construction easements, permanent right of way easements, permanent drainage easements, sidewalk easements, utility easements).
			#Legal description of each tract from which the easements are to be taken.
			#Current title work (no more than two to three months old) including ownerships, mortgage holders, easement and lienholders, and parties in possession, along with addresses of same.
			#8 1/2" x 11" color map of each tract showing the takings.
			#Copy of the survey and description of the land or interest to be condemned, after it is filed with the City Clerk.

	*Project ~~engineer~~ shall ~~attend~~ eminent domain and ~~appraiser's hearings, with project plans,~~ and ~~be ready~~ to ~~explain~~ project ~~and review plans with judge, property owners and appraisers~~.		*Project Engineer shall meet with Law Department to review the eminent domain petition and determine length of temporary construction easements and other information particular to the project for which easements are being acquired. City Engineer verifies petition.

	*Project ~~engineer~~ shall, ~~when requested by~~ appraisers~~, stake tracts from which easements are being taken~~.		*Project Engineer shall attend eminent domain and appraiser's hearings, with project plans, and be ready to explain project and review plans with judge, property owners and appraisers.

	*Project engineer shall~~, if requested, attend viewing with appraisers in order~~ to ~~answer field questions~~.		*Project engineer shall stake tracts prior to appraiser's hearing to show what is being taken.

	*After appraiser's report is filed, Director of Public Works and ~~city~~ attorney shall sign off on awards and fees, after consultation with project engineer, prior to Finance Department issuing award and fee check to District Court.		*Project engineer shall attend viewing with appraisers in order to answer field questions.

			*After appraiser's report is filed, Director of Public Works and City attorney shall sign off on awards and fees, after consultation with project engineer, prior to Finance Department issuing award and fee check to District Court.

Irina Idelson at 13:52, 24 August 2012

2012-08-24T13:52:17Z

← Older revision		Revision as of 08:52, 24 August 2012
Line 1:		Line 1:
	[[Phase_III_-_Final_Design#Task_No._6_-_Begin_Condemnation_Process\|~~Come~~ Back ~~Shane!!~~]]		[[Phase_III_-_Final_Design#Task_No._6_-_Begin_Condemnation_Process\|'''Back to Phase III, Task 6''']]

Irina Idelson at 13:50, 24 August 2012

2012-08-24T13:50:34Z

← Older revision		Revision as of 08:50, 24 August 2012
Line 1:		Line 1:
	[[Phase_III_-_Final_Design#Task_No._6_-_Begin_Condemnation_Process\|Come Back Shane!!]]		[[Phase_III_-_Final_Design#Task_No._6_-_Begin_Condemnation_Process\|Come Back Shane!!]]

	Steps in the Eminent Domain Process Involving Public Works
			=== Steps in the Eminent Domain Process Involving Public Works ===

Irina Idelson at 22:17, 21 August 2012

2012-08-21T22:17:19Z

← Older revision		Revision as of 17:17, 21 August 2012
Line 1:		Line 1:
			[[Phase_III_-_Final_Design#Task_No._6_-_Begin_Condemnation_Process\|Come Back Shane!!]]

	Steps in the Eminent Domain Process Involving Public Works		Steps in the Eminent Domain Process Involving Public Works