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113 <br /> <br />6. PUBLIC HEARINGS <br />Item 6a <br />Resolution of Necessity - Eminent Domain Proceedings - Property <br />along 1-580 Owned by Nolden and Mary Madden <br /> <br /> Mr. Roush presented his report (SR 90:110) regarding the <br />matter. <br /> <br /> Mr. Mercer declared the public hearing open on the <br />application. <br /> <br /> Mr. Nolden Madden, owner of the property along the 1-580 <br />freeway, inquired what the status of the property is. <br /> <br /> Mr. Mercer stated that the City made an offer to purchase the <br />property from him but that the terms were not acceptable to him. <br />Staff therefore brought the matter to Council to start eminent <br />domain proceedings. He requested Mr. Roush to explain the <br />process. <br /> <br /> Mr. Roush explained that an appraisal of the property was <br />done and an offer was made to Mr. Madden. The parties did not <br />agree on the purchase price. The action before Council is whether <br />or not the use that is intended for the property is in the public <br />interest. Staff recommended that such finding can be made because <br />the property will become part of the freeway and the interchange. <br />The City will then file an action in Superior Court, and at that <br />point, the Maddens would have the opportunity to provide <br />additional information regarding the fair market value of the <br />property. If no agreement is reached, there will be a trial, in <br />which case the judge and jury will determine the fair market value <br />of the property in question. <br /> <br /> Mr. Tarver noted that the property was purchased fairly <br />recently and asked Mr. Madden if he were aware at that time that <br />there would be a major development in the area and that a large <br />section of the property would be required for the interchange. <br /> <br /> Mr. Madden replied that he was not aware at the time he <br />bought the property that the area would be developed. He added <br />that he had several appraisers check his property and that he was <br />told that its value was more than what the City says it is worth. <br />He stated that the offer was not fair and that he would prefer to <br />settle the matter in court. <br /> <br /> There being no further testimony, Mr. Mercer declared the <br />public hearing closed. <br /> <br /> Mr. Butler requested staff to do what is reasonable to <br />determine if an agreement can be reached before the matter is <br />filed in court. <br /> <br /> - 5 - <br /> 3-20-90 <br /> <br /> <br />