Benton OKs use of eminent domain

Tuesday, June 24, 2014

BENTON -- Benton aldermen on Monday unanimously approved the use of eminent domain to acquire more than a dozen properties to widen a county road.

The Benton City Council considered the first ordinance to use eminent domain on 10 properties within the city limits and adopted it 8-0, after property owners opposed its passage. Aldermen Brad Moore and Kerry Murphy were absent.

Council members also considered an ordinance -- which they placed on the agenda minutes before the agenda meeting -- to acquire six more properties using eminent domain. That measure also passed 8-0.

"This has not been a pleasant matter to deal with," Mayor David Mattingly told the property owners. "Whatever we can do to assist any of you will be done."

The project to widen a 2-mile stretch of Alcoa Road -- which has been in the works for a decade -- will cost an estimated $13 million. Federal reimbursement funds will take care of 80 percent of those costs, according to the interlocal agreement. Benton, Bryant and Saline County will fund the remaining costs, with Benton footing more of the bill because more of the necessary land is within that city's limits.

The project is necessary because of increased traffic along the corridor since the early 2000s, officials have said. The project will add an extra lane in each direction, along with a pedestrian and bike trail and two roundabouts.

The cities and the county have retained Briggs Field Services, a Houston-based consulting firm, to help make settlements for the price of each of the 72 tracts. Saline County Judge Lanny Fite said in an interview Monday that Briggs was still negotiating with some property owners.

"We're very close to doing condemnation," Fite said. "We're limited on time right now."

Under eminent domain, officials must condemn a property through the court system before moving forward with any work. The compensation is determined later.

According to a spreadsheet from the consulting firm updated Thursday, 27 properties have been condemned or acquired through eminent domain. The Benton and Bryant city councils have to approve their attorneys moving forward with eminent domain procedures, while the matters in the county simply go through the county judge. Bryant's council approved those measures June 10.

During Monday's council meeting in Benton, City Attorney Brent Houston said the cities and county have to meet a deadline next Monday to file and pay for the condemned properties. If they don't meet that deadline, the federal funding set aside for the road widening project will "get bumped" and go toward another project, Houston said. If that happens, Benton, Bryant and Saline County will "have to stand in line" until more money becomes available.

The Saline County Quorum Court plans to hold an emergency meeting tonight to appropriate funds for the projects' condemnations.

Resident Larry Teeter, who owns three properties along Alcoa Road, said he has been in contact with Metroplan and Benton officials during the past three years. When Benton retained Briggs, Teeter said, he got a 36-page pamphlet to help him "understand [his] rights and benefits."

"The real truth in this matter is there is no negotiation," he said. "You ask questions and receive no answers."

Teeter told the council that he's reached out in attempts to get answers to some of his questions, but he hasn't heard back.

"I have serious doubts about future negotiations," he said.

Houston said he has tried to talk to most of the property owners affected by the road expansion.

"There's still questions people have," he said. "We're trying to get answers. We are going to do our absolute best to get responses, especially on issues pertaining to design."

Metro on 06/24/2014