13.A.
Acquisition of Right-Of-Way from Steve and Terrianne Martin for Phase II of 66th
Avenue Improvements - 65th Street west of 66th Avenue, Parcel 304
Deputy County Attorney Bill DeBraal referred to staff's memorandum dated February
3, 2021, to address the details regarding the right-of-way acquisition of Parcel 304, a
.38 acre parcel of property owned by Terrianne and Steve Martin. He explained that
the property, currently being used for cattle grazing, was needed for the 66th Avenue
Improvements.
Attorney Bill Doney, outside eminent domain counsel for the County, spoke via Zoom
to support staff's recommendation that the Board approve the acquisition agreement
for Parcel 304.
Vice Chairman O'Bryan inquired about Murphy Deed Right-of-Way Reservations on
the parcel; Attorney DeBraal confirmed there were none. Each Commissioner voiced
their opinion regarding the inflated dollar amount being paid for pasture land.
Commissioner Moss inquired and received clarification from Attorney DeBraal
regarding the negotiation process. Vice Chairman O'Bryan acknowledged that Parcel
304 was necessary for the 66th Avenue Improvements, and he recommended that his
fellow Commissioners vote to approve the Agreement. He stated his opinion that a
future Board should fight for a reasonable cost per acre starting with the first land
acquisition of the next major road improvement project.
County Administrator Jason Brown provided clarification on the land acquisition
process, making mention that staff had increased initial offers as an attempt to pay a
higher dollar amount to the property owner, and to pay less to the outside companies
being hired by the property owner. He agreed to continue reevaluating the acquisition
process.
Discussion continued among the Board and Attorney DeBraal, who explained to
Commissioner Earman the role an expert witness plays in land acquisitions.
A motion was made by Commissioner Adams, seconded by Commissioner
Earman, to approve staff's recommendation. The motion carried by the following
vote:
4 -
Aye:
Nay:
Chairman Flescher, Commissioner Adams, Commissioner Earman, and
Commissioner Moss
1 - Vice Chairman O'Bryan