City considers eminent domain

The City of Colusa may not have to use eminent domain powers to complete roadwork for a new apartment complex – but now they have that option.

The Colusa City Council on Tuesday approved a resolution that sets the foundation so the city, if needed, can acquire about 590 square feet of local private land through the use of eminent domain. The resolution was approved 4-0, with Councilman John Rogers absent.

“This resolution does not initiate any eminent domain action,” City Attorney Jake Knapp told the council Tuesday. The resolution is a procedural requirement that will allow the city to use eminent domain powers to complete roadwork for the Del Rey apartment complex on Carson Street.

As part of the apartment complex construction, the City is seeking to build a secondary public road at “D” Street and Carson. City officials say it is necessary to construct a safe turning point at that location for apartment residents. To build a safe turning point the city needs to acquire a small, triangular piece of land owned by the Johl family of Colusa.

In March the city offered the landowners $1800 for the property, based on an independent appraisal, but the family declined.

Piara Johl did not attend the city council meeting, but said in a telephone interview Tuesday that he declined the offer originally because he planned on giving the property to the city. However, after discussions with his family he said he has changed his mind and would like to accept the city’s offer.

“This should not have gotten this far,” Johl said. “The city should not have issued a permit until the developer had acquired all the land needed for the project,” he added.

City Manager Robert Hickey said it is common for projects to begin before all of the necessary land has been acquired.

Hickey said he is confident the project can be completed with the cooperation the landowners, but said it is necessary to acquire the property interest in time to meet the funding, contract, and construction schedule deadlines.

The right of way sought by the city will not displace any business or residence and no other alternative locations are available to construct a safe turning point from Carson Street onto “D” Street, according to the city staff report.

“The developer has to put in the road,” Hickey said. “This small piece of property is necessary to finish the road portion of the project.”

Contact Rob Parsons at 458-2121 or raprsons@tcnpress.com.