Washington County pursuing eminent domain procedures

WASHINGTON — County officials plan to exercise eminent domain authority to acquire property near Skunk River, after negotiations to acquire it conventionally fell through. Washington County Supervisors voted unanimously on a resolution authorizing the proceedings at a meeting last week.

Washington County Engineer Jacob Thorius said the land was needed for access to a grading project near the McKain River Landing on Dogwood Avenue in Clay Township.

“We’ve worked on a good-faith effort to acquire the property, we have not had good luck,” he said. “Now, we’re deeming it necessary to acquire the property through the eminent domain process.”

The authorization sends the case to Washington County’s Eminent Domain Commission, a panel of real estate professionals, farmers, property owners, and appraisal experts that meets rarely unless gathered for a case, where members hear evidence from both sides and decide on a fair value for the land, although either party can appeal that dollar amount to a court.

A meeting date for that board has not yet been publicly posted.

The move follows a string of closed sessions over the last several months, records of which are confidential under Iowa Code Chapter 21.5(j) which allows private discussions on “the purchase or sale of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay … or reduce the price the governmental body would receive for that property.”

While that chapter of Iowa Code unseals the meeting recording and minutes once a real estate deal is closed, county officials said no such meeting recordings were available from within the last several months.

The county has hired Des Moines Law Firm Ahlers & Cooney as a consultant in the case. While the exact location of the land in question was not disclosed, Thorius said it involved multiple parcels owned by L & L Acres LLC, an entity that possesses much of the land surrounding the McKain River Access boat ramp and bridge.

Interim Washington County Attorney Anthony Janney said the property holders could end the eminent domain proceedings if they made an acceptable offer on the land before the case concluded.

“At any point, if the land holder wants to take an offer for the property or settle it, that’s their call,” he said. “This is just the start of a process.”

Comments: Kalen.McCain@southeastiowaunion.com