The City of Webster City will use eminent domain to gain access to a right of way it says is necessary to push forward on the $78 million wastewater treatment facility.
The City of Webster City will use eminent domain to gain access to a right of way it says is necessary to push forward on the $78 million wastewater treatment facility.
The City Council of Webster City supported that in its vote Monday.
The property it wants to acquire is owned by Dean Gillette.
“The City has exhausted all good faith efforts to negotiate with one property owner as it relates to the sewer force main route,” the Council packet states. “Ahlers & Cooney is assisting the city with the sewer force main route easement acquisition and requires authorization from the Council to proceed with filing an application for condemnation.”
The project will require the construction of two sewer force mains and outfall piping from the new facility site to the Boone River. The site of the main plant is on land south of U.S. Highway 20, which is already owned by the city.
“The Iowa Code requires that the public entity attempt to acquire the property through good faith negotiations, and to follow the Iowa Code requirements in the negotiations and valuations of the property. If the property owner and the public entity cannot come to (an) agreement to acquire the necessary property through good faith negotiations, then the agency can proceed to acquire the property through condemnation.”
“Over the last seven months, we had a right of way agent assist with this process; however, the property owner did not sign the final offer; therefore, it is recommended the City proceed to the next step of engaging specialized legal counsel to perform the work associated with eminent domain,” the packet states.
The easement acquisition and legal services will be covered by the Wastewater Fund.
View this article as it originally appeared in the Daily Freeman-Journal.
Last modified: August 8, 2023