County passes eminent domain clause, but not happily

“The Baker County Board of Commissioners reluctantly approved a resolution at its meeting last week that would allow it to “exercise the right of eminent domain” regarding right-of-way acquisition on the Best Frontage Road project.

Commission Chairman Fred Warner Jr. and Commissioners Tim Kerns and Mark Bennett all voiced their distaste for a declaration of eminent domain, which would allow the county to condemn property needed to complete the Best Frontage Road project if any of several landowners refused to cooperate. Landowners would receive “just compensation” for land acquired for the project.

The commissioners said they would not have agreed to the resolution without this statement that gives the county options: “Baker County expressly reserves its jurisdiction to determine the necessity or propriety of any acquisition, its quantity, quality, or locality, and to change or abandon any acquisition.”

Warner said the resolution ensures the road improvement project could proceed should a landowner be unable to reach an agreement with the county and state”

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Collins, Chris. Baker City Herald 15 January 2014.