Ordinance passed to allow condemnation proceedings, just in case

“The local U.S. Highway 69 corridor project has seen a slight delay as city officials continue to negotiate for property needed for the upcoming expansion and widening project.

During their Tuesday meeting, the Fort Scott City Commissioners approved an ordinance related to acquiring right-of-way interests and temporary right-of-way easements for the purpose of making improvements to U.S. Highway 69 between 18th and 23rd streets.

City Manager Dave Martin said the ordinance is necessary for the city in case negotiations with some property owners affected by the project stall and an agreement cannot be reached by the time the project is slated to be let for bids in December.

“If we can’t come to some sort of agreement with our right-of-way acquisition to meet KDOT standards of what we need to do for the corridor project … with landowners, we can go to condemnation,” Martin said.

The city employed a firm to negotiate right-of-way interests and talk to affected parties as more right-of-way is needed for the expansion of U.S. 69. If affected property owners do not sign a contract with the city, it could end up in Bourbon County District Court, officials said.

“We’ve hired a company to identify and acquire right-of-way and easements necessary for widening of the highway,” City Attorney Bob Farmer said. “All those the city is unable to acquire, we still have to acquire or the project can’t go forward.””

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Silvers, Jason. Fort Scott Tribune 22 August 2014.