Major road project raises potential for eminent domain

“To keep a major summer road project on track, Eau Claire officials noted Tuesday that eminent domain would be a necessary last resort to improve drainage on Brackett Avenue if negotiations with a local business falter.

City finance director Rebecca Noland said negotiations with Wagner’s Lanes, 2159 Brackett Ave., are “cordial” and “on track” to secure a drainage easement through the bowling alley’s large parking lot and to buy a storm water retention pond. But as a matter of procedure, city financial and legal staff sought a resolution — which the City Council approved Tuesday in a 10-0 vote — that would allow the city to compel the owner to sell if negotiations fail.
“This is just one of the things where staff is making sure all of our bases are covered so the project can move forward,” Noland said of Tuesday’s action.

But the mention of the government’s eminent domain power worried Councilwoman Monica Lewis, who asked if declaring the city’s potential to use it was “heavy-handed” and could “alienate some people.””

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Dowd, Andrew. Leader Telegram 11 March 2014.