The Jacksonville City Council on June 17 withdrew from its agenda a proposed eminent domain proposal for three parcels of property along McCain Road because the property owners prior to the meeting signed off on providing the city the necessary easements.
If it had been approved, Resolution 713 (08-2014) would have allowed the city to exercise eminent domain so the city could obtain permanent and temporary easements "for the purposes of construction, development, expansion and installation of Jacksonville wastewater utility force main lines along McCain Road," reads the resolution.
The purpose of the eminent domain action was because the participating property owners could not come to an agreement with the city.
"Despite efforts on behalf of the city of Jacksonville to purchase certain permanent and temporary easements from all property owners along McCain Road for construction, development, expansion and improvement of Jacksonville Wastewater Utility Force Main lines, efforts to amicably resolve certain parties’ differences have failed," according to the resolution.
The city was granted to claim eminent domain after hosting a public hearing on the matter, states the resolution.
The following three easements were obtained by the city so that the eminent domain action was unnecessary:
1) 9001 McCain Road, Parcel number 13J-001-00-01-02, owned by Dorothy L. LeWallen. The easement was necessary along the east right-of-way line of McCain located in the northwest quarter of Section 6, Township 2 North. "The permanent easement shall have a total width of 15 feet with boundaries being located parallel with and adjacent to the east line of said right-of-way," reads the resolution.
2) 9005 McCain Road, Parcel number 13J-001-00-006-00 owned by Alvin J. and Shirley Munneryln Jr. The easement is for the east side of McCain. "The permanent easement shall have a total width of 15 feet with boundaries located parallel with adjacent to the east line and said right of way."
Both the first two parcels are granting temporary easements as well with total widths of 10 feet on those roadways.
3) A McCain Road address, Parcel number 13J-001-00-001-03, owned by Cammie Price. The permanent easement will have a total width of 15 feed with boundaries being located parallel with and adjacent to the east line.
According to the resolution, the land was necessary for the city to construct a sewer line in the region.
"The city council urges the mayor and city attorney to further pursue an Order of Immediate Possession to insure quick access to said real properties for the timely construction," reads the resolution, noting and satisfying the legal requirements of just compensation for the owners of said real properties."