409 Burch Street Eminent Domain Proceedings 3 17 08THE CITY OF
DUB E
Masterpiece on the
BARRY LIND
CITY ATTOR
To:
DATE:
RE:
MEMORANDUM
Mayor Roy D. Buol and
Members of the City Council
March 11, 2008
409 Burch Street
As you will recall, the City Council determined in October, 2007, that the property at 409
Burch Street was a public nuisance and directed the City Manager to take appropriate
action to abate the nuisance.
As of the date of this memorandum, the exterior shell of the building still has not been
completed.
The property has been appraised at $34,000. An offer to purchase the property for the
appraised value was sent to Mr. White on February 13, 2008. To date, the owner, John
White has not responded to the offer.
Enclosed is a resolution authorizing the commencement of eminent domain
proceedings to acquire the property.
I would request that the City Council direct that the enclosed resolution authorizing the
commencement of eminent domain proceedings to acquire the property be placed on
the agenda for the April 7, 2008 City Council meeting and that the enclosed Notice of
Intent to Approve Acquisition of Property by Eminent Domain be sent to Mr. White.
Enclosure
cc: Michael C. Van Milligen, City Manager
Cindy Steinhauser, Assistant City Manager
David Harris, Housing & Community Development Director
John White
F:\USERS\tsteckle\Lindahl\White John, City of Dubuque vs\MayorCouncil_CommencementEmDomain031708Agenda_031108.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
Preparers Barry A. Lindahl Suite 330 Harbor View Place Dubuque, IA 52001 (563) 583-4113
RESOLUTION NO. -08
AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN
PROCEEDINGS FOR THE ACQUISITION OF CERTAIN REAL PROPERTY
OWNED BY JOHN WHITE AT 409 BURCH STREET IN THE CITY OF
DUBUQUE, IOWA
WHEREAS, the City of Dubuque (City) intends to acquire certain real
property owned by John White (Owner) legally described as follows (the
Property):
Lot 4 in Geo. B. Burch's Subdivision in the City of Dubuque, Iowa,
according to the recorded plat thereof;
AND WHEREAS, Iowa law requires that City must make a good faith effort
to negotiate with Owner to purchase the Property before proceeding with
condemnation;
AND WHEREAS, City caused an appraisal of the Property to be made
and the appraised value of the Property is $34,000;
AND WHEREAS, City has made an offer to purchase the Property for not
Jess than its fair market value; and
Whereas, City has been unable after good faith negotiations to reach an
agreement with Owner for the acquisition of the Property.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The City Manager and the City Attorney are hereby
authorized to commence eminent domain proceedings for the acquisition of the
Property and to take such further action as may be necessary for the acquisition
of the Property.
Passed, adopted and approved this day of April, 2008.
Attest:
Roy D. Buol, Mayor
Jeanne F. Schneider, CMC, City Clerk
NOTICE OF INTENT TO APPROVE ACQUISITION OF PROPERTY BY
EMINENT DOMAIN
To: John White
435 Burch Street
Dubuque, Iowa
You are hereb~ notified that the City Council of the City of Dubuque, Iowa will
meet on the 7t day of April, 2008, at 6:30 o'clock p.m. at the Historic Federal
Building, 350 West 6th Street, Dubuque, Iowa, to consider the adoption of a
resolution, a copy of which is attached hereto, authorizing the City to acquire the
following property by eminent domain:
Lot 4 in Geo. B. Burch's Subdivision in the City of Dubuque, Iowa,
according to the recorded plat thereof.
You have the right to attend the meeting and to voice objection to the proposed
acquisition of the property.
Just as the law grants certain entities the right to acquire private property, you as
the owner of property have certain rights. You have the right to:
Receive just compensation for the taking of property. (Iowa Const., Article I,
Section 18)
An offer to purchase which may not be less than the lowest appraisal of the
fair market value of the property. (Iowa Code §§ 66.45, 66.54)
Receive a copy of the appraisal, if an appraisal is required, upon which the
acquiring agency's determination of just compensation is based not less than
10 days before being contacted by the acquiring agency's acquisition agent.
(Iowa Code §66.45)
When an appraisal is required, an opportunity to accompany at least one
appraiser of the acquiring agency who appraises your property. (Iowa Code
§ 66.54)
Participate in good faith negotiations with the acquiring agency before the
acquiring agency begins condemnation proceedings. (Iowa Code §66.3(1))
If you cannot agree on a purchase price with the acquiring agency, a
determination of just compensation by an impartial compensation commission
and the right to appeal its award to district court. (Iowa Code §§ 66.4, 66.7,
and 66.18)
A review by the compensation commission of the necessity for the
condemnation if your property is agricultural land being condemned for
industry; (Iowa Code § 6B.4A)
Payment of the agreed upon purchase price, or if condemned, a deposit of
the compensation commission award before you are required to surrender
possession of the property. (Iowa Code §§ 66.25, 66.54(11))
Reimbursement for expenses incidental to transferring title to the acquiring
agency. (Iowa Code §§ 66.33, 66.54(10))
Reimbursement of certain litigation expenses: (1) if the award of the
compensation commissioners exceeds 110 percent of the acquiring agency's
final offer before condemnation; and (2) if the award on appeal in court is
more than the compensation commissioner's award. (Iowa Code § 66.33)
At least 90 days written notice to vacate occupied property. (Iowa Code
§ 66.54(4))
Relocation services and payments, if you are eligible to receive them, and the
right to appeal your eligibility for and amount of payments. (Iowa Code
§ 316.9)
The rights set out in this Notice are not claimed to be a full and complete list or
explanation of an owner's rights under the law. They are derived from Iowa Code
Chapters 6A, 6B and 316. For a more thorough presentation of an owner's rights,
you should refer directly to the Iowa Code or contact an attorney of your choice.
Dated:
Jeanne F. Schneider, City Clerk