HomeMy WebLinkAbout~Master - Compensation for 161-kV Transmission Line Condemnation RESOLUTION NO. 17-201
RESOLUTION APPROVING PAYMENT OF COMPENSATION AND ATTORNEYS'
FEES FOR 161-KV TRANSMISSION LINE CONDEMNATION
FOR THE CITY OF AMES
WHEREAS, the City of Ames Electric Services Department bull a 161-kV line from the
Ames Plant substation to MidAurrican Energy Company's Ankeny switching station (northeast of
Ankeny); and,
WHEREAS, negotiated purchases for easements for the poles and electric lines were
successful with all landowners along the route, except for two property owners, Connie Veasman
and NDA Farms (represented by Connie Veasman); and,
WHEREAS, therefore, the City pursued eminent domain proceedings to obtain a utility
easement across that property, a hearing before the Polk County Compensation Commission resulted
in a determination that the City had to pay$14,900 for the easement; and,
WHEREAS, the property owners then appealed that decision to District Court, and after a
jury trial held on August 10-12, 2015, the jury awarded the property owners $290,000 in damages
for the 33-foot wide easement along the road; and,
WHEREAS, the magnitude of this award seemed completely out of line with the cost of
acquisition for all the other easements obtained for this electric line, which had all been consistent
with the amount awarded the property owners by the Compensation Commission; because of that,
the City sought further review and appealed the District Court decision to the appellate courts; and,
WHEREAS, on March 8, 2017, the Iowa Court of Appeals issued its decision affirming the
District Court jury award of$290,000, and under the relevant statute, the City will also have to pay
the attorney's fees and litigation costs for the property owners, for both the District Court and
appellate proceedings; and,
WHEREAS, the total amount of the judgment is $354,878.63 (as a partner in the project,
Iowa State University is responsible for 21.4%of the cost).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa,
that the payment of$354,868.63 for compensation and attorneys' fees for the 161-kV Transmission
Line condemnation is hereby approved.
ADOPTED THIS 25' day of April, 2017.
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Diane R. Voss, City Clerk Ann H. Campbell, Mayor Jf
Introduced by: Gartin
Seconded by: Corrieri
Voting aye: Beatty-Hansen, Betcher, Corneri, Gartin,Nelson, Orazem
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 25' day of April, 2017.