RESOLUTION NO. _________, SERIES 2019
TITLE
A RESOLUTION AUTHORIZING THE OFFICE OF THE JEFFERSON COUNTY ATTORNEY TO BRING A CONDEMNATION ACTION AGAINST THE OWNER OF CERTAIN PROPERTY, BEING TRACTS A AND B OF PARCEL NO. THREE (3), IN JEFFERSON COUNTY IN CONNECTION WITH SOUTH WATTERSON TRAIL CULVERT REPLACEMENT
BODY
SPONSORED BY: COUNCIL MEMBER STUART BENSON AND
COUNCIL MEMBER ROBIN ENGEL
WHEREAS, the Louisville/Jefferson County Metro Government ("Metro"), pursuant to KRS 67C.101(3)(f) may acquire real property for public uses through the exercise of the power of eminent domain;
WHEREAS, KRS 416.560(1) requires the legislative council of Metro ("Council") to approve the exercise of the power of eminent domain prior to Metro's instituting such proceedings;
WHEREAS, Metro (as a successor to Jefferson County and the City of Louisville) has planned and designed the South Waterson Trail Culvert Replacement (the "Project") in conjunction with the Louisville/Jefferson County Metro Government Department of Public Works;
WHEREAS, as a part of the Project, it is necessary to acquire property in fee simple ("Tract A") and a permanent easement ("Tract B") in property more accurately described by Exhibit A (the "Condemned Property") for the use and benefit of citizens of Metro;
WHEREAS, Metro has not been able to acquire the Condemned Property for the Project from the owner of the Condemned Property through good faith negotiations; and
WHEREAS, KRS 416.550 authorized Metro to exercise its right of eminent domain against a property when it cannot acquire the property by agreement with the owner thereof.
BE IT RESOLVED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT ("THE COUNCIL") AS FOLLOWS:
SECTION I: That in order to complete the project, Metro needs to acquire the Condemned Property, as is more accurately described on attached Exhibit A and platted as on the plat map attached hereto as Exhibit B. Thos...
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