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File #: R-056-21    Version: 1 Name:
Type: Resolution Status: Passed
File created: 6/7/2021 In control: Public Works Committee
On agenda: 6/24/2021 Final action: 6/24/2021
Title: A RESOLUTION AUTHORIZING THE OFFICE OF THE JEFFERSON COUNTY ATTORNEY TO BRING A CONDEMNATION ACTION AGAINST THE OWNERS OF CERTAIN PROPERTY, PARCEL NO. EIGHTEEN (18), IN JEFFERSON COUNTY IN CONNECTION WITH THE LA GRANGE ROAD BIKE/ PEDESTRIAN PROJECT (KY 907).
Sponsors: Paula McCraney (D-7)
Attachments: 1. R-056-21 V.1 061021 Parcel No. 18 (Baker Heirs, et al) Condemnation.pdf, 2. R-056-21 ATTACH Exhibit A.pdf, 3. R-056-21 ATTACH Exhibit B.pdf, 4. RES 051 2021.pdf

RESOLUTION NO. ______, SERIES 2021

TITLE

A RESOLUTION AUTHORIZING THE OFFICE OF THE JEFFERSON COUNTY ATTORNEY TO BRING A CONDEMNATION ACTION AGAINST THE OWNERS OF CERTAIN PROPERTY, PARCEL NO. EIGHTEEN (18), IN JEFFERSON COUNTY IN CONNECTION WITH THE LA GRANGE ROAD BIKE/ PEDESTRIAN PROJECT (KY 907).

BODY

SPONSORED BY: COUNCIL MEMBER PAULA MCCRANEY

BODY

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; and

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; and

WHEREAS, Metro (as a successor to Jefferson County and the City of Louisville) has planned and designed the La Grange Road Bike/ Pedestrian Project (the “Project”) in conjunction with the Louisville/Jefferson County Metro Government Department of Public Works; and

WHEREAS, as a part of the Project, it is necessary to acquire property in fee simple as more accurately described by Exhibit A (the “Condemned Property”) for the use and benefit of citizens of Metro; and

WHEREAS, Metro has not been able to acquire the Condemned Property for the Project from the owners 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.

                     NOW, THEREFORE, 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.  Those with a potential interest in the Condemned Property who will be called upon in a condemnation action are attached as Exhibit C.

                     Since Metro cannot, by agreement of the owner of the Condemned Property, acquire the Condemned Property, then the office of the Jefferson County Attorney is authorized to institute condemnation proceedings pursuant to KRS 416.560, et seq. against the owner of the Condemned Property.

                     SECTION II:  That the Council finds that the Condemned Property needs to be acquired for the public use of Metro.

                     SECTION III:  That this Resolution shall become effective upon its passage and approval.

 

_________________________________                     ________________________________

Sonya Harward                                                                                                         David James

Metro Council Clerk                                                                                                         President Of The Council

 

 

_________________________________                     ________________________________

Greg Fischer                                                                                                                              Approval Date

Mayor

 

APPROVED AS TO FORM AND LEGALITY:

Michael J. O’Connell

Jefferson County Attorney

 

 

By: ______________________________________

R-056-21 Parcel No. 18 (Baker Heirs, et al) Condemnation.docx (TF)

 

EXHIBIT A-CONDEMNED PROPERTY

 

PARCEL NO. 18

 

 

 

EXHIBIT B-PLAT MAP

 

 

 

EXHIBIT C-INTERESTED PARTIES

 

1.                     Danny Baker and Barbara Baker, husband and wife

2.                     Dot Taulbee and Richard Taulbee, wife and husband

3.                     Monica Burkhart

4.                     Martina Scott and Richard Scott, wife and husband

5.                     Patricia Ann Baker and unknown spouse, if any

6.                     Charles Robert Baker Jr. and Jamie Baker, husband and wife

7.                     Richard Baker, Jr. and Janine Baker, husband and wife

8.                     Ruthann Joan Carter and Shannon Carter, husband and wife

9.                     Rebecca Baker Beard and unknown spouse, if any