The Troy Board of Alderman approved an ordinance at a special meeting on July 25 declaring the need to acquire easements for the Cherry Street improvement plan, which allows the city to use eminent domain by condemnation over seven holdout properties, should negotiations with property owners fail.
The improvements proposed in the bill for Cherry Street, from Main Street to South Lincoln Drive, are widening the roadway to provide two lanes for traffic in either direction, a center turn lane, a curb and gutter, sidewalks along both sides of Cherry Street, storm sewer improvements as well as intersection improvements at the intersection of Front Street and Cherry Street and the intersection of East Wood Street and Walnut Street.
The language of the legislation reads: “An ordinance declaring the need to acquire easements for Cherry Street improvements, alterations, and widening, authorizing acquisition by negotiation, or, if necessary, by condemnation, authorizing the Mayor to obtain and execute all instruments necessary for acquisition of such land, and fixing the time when this ordinance shall become effective.”
The ordinance goes on to cite RSMo Section 88.667, which allows the condemnation of private property by cities of the fourth class, a classification which Troy falls under, for public use, specifically, “establishing, opening, widening, extending or altering any street, venue, alley, wharf, creek, river, watercourse, marketplace, public park, or public square, and for establishing market houses and for any other necessary public purposes.”
The ordinance states that in order for the city of Troy to provide for the present and future needs of the public with regards to Cherry Street it needs to acquire, either by negotiation or condemnation, the remaining properties along the street.
There were seven parcels, out of over 50, that hadn’t been signed over via easement, at the time of meeting on July 25 at 6:30 p.m.
Alderman Dennis Detert made the motion to adopt the bill as ordinance, Alderman Karen Curt seconded that motion – and the bill passed unanimously.
The owners of the seven parcels that have yet to be signed over will be mailed letters detailing the situation as 60-day notices, and after those 60 days the Mayor of City of Troy, or his designee, will have the ability to file for condemnation of the allotments of property, as long as all the correct paperwork has been filed.