PORT TOWNSEND — The City Council has approved the use of eminent domain to acquire property to extend Howard Street to Discovery Road, but officials don’t think the city will need to use that strategy.
“I doubt if we are going to use any eminent domain at this point,” said City Manager David Timmons on Wednesday after the council took action Monday night.
Eminent domain is a process where a municipality legally forces the sale of property needed to complete a project.
The $6.5 million project, now in progress, will connect West Sims Way and Discovery Road by extending Howard Street.
It will provide additional traffic options for motorists, and a roundabout will aid traffic flow, city officials said.
City officials are now negotiating with owners of four parcels. Timmons declined to disclose their names or the property boundaries.
Timmons told the council he had a scheduled meeting with one of the property owners today.
The need for all four properties has yet to be determined, and the project could be rerouted if the first-choice property was not available, he said.
Monday’s resolution, approved unanimously by the council, sets up a process for implementing eminent domain should it be decided it is needed.
The specifics of the process were not discussed at the meeting.
This will be addressed during a public hearing at 6:30 p.m. Oct. 9 in council chambers at historic City Hall, 540 Water St.
“This resolution only sets a hearing date. It does not authorize or require the use of eminent domain,” according to the agenda bill.
“That will be decided by council when it considers the ordinance after the public hearing,” Timmons said.
“We haven’t used eminent domain since I got here [in 1999], but it’s important that we have a tool to address these circumstances.”
Timmons said all property owners would be fairly compensated for their land at or above current market rates.
“We need this prior authorization in case we get delayed in property acquisitions because of some complications,” Timmons said before the council meeting.
“Ultimately, we need to preserve the timing of the project.”
One option would be to take the property owner to court to force the sale, which City Attorney Steve Gross said is unlikely.
Complications could occur if there is a lien on any of the properties, Timmons said.
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Jefferson County Editor Charlie Bermant can be reached at 360-385-2335 or cbermant@peninsuladailynews.com.
