Airport Terminal Relocation Eminent Domain ProceedingsTHE CTTY OF Dubuque
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2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Airport Land Acquisition
DATE: December 13, 2007
Airport Manager Robert Grierson is recommending that a public hearing be set to allow
public input on the acquisition of 103 acres of agricultural land adjacent to the Dubuque
Regional Airport for a new passenger terminal facility, circulation road, and vehicle
parking lots.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mi ael C. Van illigen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Robert A. Grierson, Airport Manager
11000 Airport Road ~ Dubuque, Iowa 52003
Te1:563-589-4128 Fax: 563-589-4108
DUBUQUE REGIONAL AIRPORT wwwflydbq.com
Airport Commissioners ~ Steve Accinelli Doug Brotherton Sue Czeshinski Charles Daoud Mike Santillo
To: Michael C. Van Milligen, City Manager
From: Robert A. Grierson, A.A.E. Airport Manager
Date: November 29, 2007
Subject: Airport Land Acquisition
Recommendation
The Dubuque Regional Airport Commission requests that the City council set a public
hearing to allow public input on the acquisition of 103 acres of agricultural land
adjacent to the Dubuque Regional Airport for a new passenger terminal facility,
circulation road, and vehicle parking lots.
Background
Under a recent revision of the Iowa Code provisions authorizing eminent domain
proceedings, the actual eminent domain process for agricultural property must be
preceded by a public hearing to allow public input on funding the project, the location
of the project and on acquiring the particular parcel or parcels.
This property was identified in the adopted Airport Master Plan as the best site for
location of the new airport access road, parking lot, and terminal facility. Airport Staff,
in cooperation with Crawford, Murphy, and Tilly Engineering have secured two
appraisals, had them reviewed by an approved Review Appraiser, and approved by
the Federal Aviation Administration. The appraised value of $600,000 was offered to
the owners and the offer was rejected in March, 2007.
A counter offer of $3,000,000 was received in April. Subsequent face-to-face
negotiations continued and a counter offer of $1,800,000 was received. Due to
increases in land values during the summer, Staff had the appraisals updated and
made a second offer of $809,000 in November. This offer was also rejected by the
property owners who countered with $1,500,000 plus relocation and lease options.
Attached is a resolution setting the matter for a public hearing and directing the
publication of notice of public hearing.
cc: Airport Commission
Prepared by: James A. O'Brien 300 Main Street Suite 330, Dubuque IA 52001 563 583-8550
Return to: James A. O'Brien 300 Main Street Suite 330, Dubuque IA 52001 563 583-8550
RESOLUTION NO. 596-0 7
SETTING A PUBLIC HEARING ON THE INTENT TO ACQUIRE OR CONDEMN
IF NECESSARY PROPERTY FOR THE DUBUQUE REGIONAL AIRPORT
TERMINAL RELOCATION PROJECT
Whereas, Iowa Code § 66.2A requires an acquiring agency to provide
written notice of a public hearing. to each owner of record of agricultural land that
may be the subject of condemnation; and
Whereas, the City Council finds that it may be necessary to acquire or
condemn the following-described property for the Dubuque Regional Airport
Terminal Relocation Project:
Lot 2 of Lot 3 of the W %2 of the NW '/ of Section 36, Township 88
North, Range 2 East of the 5th P. M., Dubuque County, Iowa,
according to the United States Government Survey and the
recorded plats thereof, subject to easements of record;
Lot 1 of Lot 1 of Lot 5, and Lot A of Lot 2, both of the Subdivision of
the W '/2 of the NW '/4 of Section 36, Township 88 North, Range 2
East of the 5th P.M., Dubuque County, Iowa, according to the
United States Government Survey and the recorded plats thereof,
subject to easements of record;
Lot 2 of Merlin Bradley, Second Addition, in Section 36, Township
88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa,
according to the United States Government Survey and the
recorded plats thereof;
The North 3/4 of the N '/z of the SW 1/4; Lot 1 of Lot 1 of the W '/z of
the NW '/4 and Lot 2 of Merlin Bradley Addition, all in Section 36,
Township 88 North, Range 2 East of the 5th P.M., in Dubuque
County, Iowa, according to the United States Government Survey
and the recorded plats thereof, subject to highway, and,
Lot 2 of the SE '/< of the NW '/4; and the SW '/4 of the NW '/4, except
acre in the SW Corner thereof deeded to Independent School
District of Table Mound Township; Lot 2 of Lot 2 of the NW '/4 of the
NW '/4; Lot 3 of Lot 1 of Lot 2 of Lot 1 of the NE '/4 of the NW '/4; all
in Section 35, Township 88 North, Range 2 East of the 5th P.M., in
Dubuque County, Iowa, according to the United States Government
Survey and the recorded plats thereof, less right of way conveyed
to the State of Iowa and/or the State Highway Commission for road
purposes, and that part sold to the City of Dubuque, Iowa, for
airport purposes; and together with and subject to all righ#s and
easements of record, from November 13, 1996, title to which rests
in Ronald Bradley, Jeffrey Bradley and Brian Bradley, each owning
an undivided 1/3 interest, and doing business as Bradley Farms,
(the Property); and
Whereas, the owners of the Property are Ronald Bradley, Jeffrey Bradley,
and Brian Bradley (Owners); and
Whereas, a public hearing should be set on the intent to acquire or
condemn, if necessary, the Property; and
Whereas, notice of the public hearing should be published and mailed as
required by law to the Owners of the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA, AS FOLLOWS:
The City Clerk is hereby authorized and directed to cause a notice in the form
attached hereto to be mailed to the Owners and published as prescribed by Iowa
Code § 6B.2A of a public hearing on the City's int ~' acquire or condemn, if
necessary, the Property, to be held on the 21st day of January, 2008, at 6:30
o'clock p.m. at the City Council Chambers 350 W. 5th St., Dubuque, Iowa.
Passed, approved and adopted this 17th day of December, 2007
Roy D. Boul, Mayor
Attest: Jeanne F. Schneider, City Clerk
NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT
FOR THE DUBUQUE REGIONAL AIRPORT TERMINAL RELOCATION
PROJECT AND TO ACQUIRE AGRICULTURAL LAND FOR THE PROJECT
Owners
Location or Address of
Affected Agricultural land
TO: Mr. Ronald Bradley
Mr. Jeffrey Bradley
Mr. Brian Bradley
Legal Description:
10719 Merlin Lane
Dubuque, IA 52003
10719 Merlin Lane
Dubuque, IA 52003
10719 Merlin Lane
Dubuque, IA 52003
Lot 2 of Lot 3 of the W '/Z of the NW '/4 of Section 36, Township 88
North, Range 2 East of the 5th P.M., Dubuque County, Iowa,
according to the United States Government Survey and the
recorded plats thereof, subject to easements of record;
Lot 1 of Lot 1 of Lot 5, and Lot A of Lot 2, both of the Subdivision of
the W '/2 of the NW '/4 of Section 36, Township 88 North, Range 2
East of the 5th P.M., Dubuque County, Iowa, according to the
United States Government Survey and the recorded plats thereof,
subject to easements of record;
Lot 2 of Merlin Bradley, Second Addition, in Section 36, Township
88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa,
according to the United States Government Survey and the
recorded plats thereof;
The North 3/ of the N '/2 of the SW 1 /4; Lot 1 of Lot 1 of the W '/2 of
the NW '/4 and Lot 2 of Merlin Bradley Addition, all in Section 36,
Township 88 North, Range 2 East of the 5th P.M., in Dubuque
County, Iowa, according to the United States Government Survey
and the recorded plats thereof, subject to highway, and,
Lot 2 of the SE '/4 of the NW '/4; and the SW '/4 of the NW '/4, except
'/2 acre in the SW Corner thereof deeded to Independent School
District of Table Mound Township; Lot 2 of Lot 2 of the NW'/< of the
NW '/4; Lot 3 of Lot 1 of Lot 2 of Lot 1 of the NE '/4 of the NW '/4; all
in Section 35, Township 88 North, Range 2 East of the 5th P.M., in
Dubuque County, Iowa, according to the United States Government
Survey and the recorded plats thereof, less right of way conveyed
to the State of Iowa and/or the State Highway Commission for road
purposes, and that part sold to the City of Dubuque, Iowa, for
airport purposes; and together with and subject to all rights and
easements of record, from November 13, 1996, title to which rests
in Ronald Bradley, Jeffrey Bradley and Brian Bradley, each owning
an undivided 1/3 interest, and doing- business as Bradley Farms.
Under the provisions of Chapter 6B of the Iowa Code, a governmental body
which proposes to acquire agricultural land under power of eminent domain for a
public improvement project is required to give notice of intent to commence the
project to all owners of such agricultural land whose properties may be acquired
in whole or in part for the project. See Iowa Code §§ 6A.21(a), 6B.2A.
1. DESCRIPTION OF THE PROJECT.
NOTICE IS HEREBY GIVEN to the above identified owners of agricultural land
that the City Council of the City of Dubuque will consider authorizing the
commencement of a project to construct a new airport terminal and related
facilities.
2. PRIVATE PROPERTY MAY BE ACQUIRED BY PURCHASE OR
CONDEMNATION.
If the above described project is approved by the City Council, the City will be
required to acquire property for the project improvements. Upon review of
Dubuque County property records, it appears that agricultural land owned by the
above identified persons may have to be acquired in whole or in part for the
project. The City will attempt to purchase the required agricultural land by good
faith negotia#ions, and it may condemn those properties which it is unable to
purchase. The proposed location of the above described public improvement is.
shown on a conceptual drawing of the project which is now on file in the office of
the City Clerk and available for public inspection.
3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND
TO ACQUIRE PROPERTY; CITY COUNCIL ACTION REQUIRED TO
PROCEED WITH PROJECT; OPPORTUNITY FOR PUBLIC INPUT.
In making the decision to proceed with the above described project and to
authorize the acquisition of property and property interests, the City Council is
required to hold a public hearing, giving persons interested in the proposed
project the opportunity to present their views regarding the project, and regarding
the proposed acquisition of property for the project. The public hearing on the
pro~ect will be held during the City Council's regularly scheduled meeting on the
21 s day of January, 2008 at the City Council Chambers 350 W. 5th St., Dubuque,
Iowa, commencing at 6:30 p.m. In order for the City to proceed with the above-
described project and commence the acquisition of property for the project, the
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City Council will be required to approve the project and authorize acquisition of
private property for the project by Council resolution. The City Council is
scheduled to consider adoption of the resolution initiating the above described
project following the public hearing.
If the project is approved by the City Council, an appraiser retained by the City
will determine the compensation to be paid for property or property interests that
are needed for the project. The City will offer no less than the appraised value
and will attempt to purchase only the needed property by good faith negotiations.
If the City is unable to acquire properties needed for the project by negotiation,
the City will acquire those properties by condemnation.
4. CONTACT PERSON.
Persons desiring further information regarding the proposed public improvement
project or its impact on the properties identified above may contact by mail the
Airport Manager, 11000 Airport Road, Dubuque, Iowa 52003, or by telephone at
(563) 589-4128.
5. STATEMENT OF RIGHTS.
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
a. Receive just compensation for the taking of property. (Iowa Const., Article
I, Section 18)
b. 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, 6654)
c. 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)
d. 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)
e. Participate in good faith negotiations with the acquiring agency before the
acquiring agency begins condemnation proceedings. (Iowa Code
§66.3(1))
f. If you cannot agree on a purchase price with the acquiring agency, a
determination of just compensation by an impartial compensation
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commission and the right to appeal its award to district court. (Iowa Code
§§ 66.4, 66.7, and 66.18)
g. 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)
h. 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 and 68.54(11))
i. Reimbursement for expenses incidental to transferring title to the acquiring
agency. (Iowa Code §§ 68.33 and 68.54(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)
k. At least 90 days written notice to vacate occupied property. (Iowa Code
§ 68.54(4))
I. 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 Statement 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.
This Notice is given by authority of the City Council of the City of Dubuque, Iowa.
Published in the Telegraph Herald on the
Mailed to all affected Property Owners on the
Jeanne Schneider, City Clerk
day of , 200_
day of , 200_
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