Assembly approves policy change

February 24, 2006

DARRELL L. BREESE\Frontiersman reporter

PALMER - What was supposed to be a simple adjustment to how the Mat-Su Borough deals with purchasing rights of way from property owners quickly turned into a debate over eminent domain during Tuesday's borough assembly meeting.

Clarification from borough staff members and the attorney led the assembly to vote 5-2 to approve the change in procedure, which will be used to secure public rights of way and public easements for roads, trails and other public transportation purposes. Yet assembly members Talis Colberg and Betty Vehrs opposed the action because they feared the procedure would expedite the taking of property by using eminent domain.

&#8220This appears to be an attempt to streamline the process in taking property by eminent domain,” Colberg said. &#8220I'm not in favor of the taking of people's property at any time, and this appears to make it happen faster. I want the property owner to have every opportunity and all the time possible to protect their property rights.”

&#8220This makes things happen too fast,” Vehrs said. &#8220I recognize that the current system takes more time, but I'm in favor of the slowest possible process when it comes to dealing with the property of our constituents.”

The ordinance adds a new section in the Land Management Division Policy and Procedure Manual, allowing for the borough to directly approach property owners when a need for public right of way and easements across private property has been identified.

Existing borough code requires solicitation by sealed bid as the only method allowed, with no provision made for the borough to approach a specific landowner, which is typically the case when attempting to acquire right of way.

&#8220The procedure establishes a requirement for the borough to show a clear need to purchase the right of way,” Ron Swanson, the borough's director of community development, said. &#8220Then a determination of fair market value for the property must be reached. Throughout the entire process, the property owner is entitled to negotiate with the manager and even deny the sale.”

The procedure indicated that any decision to use eminent domain may only be done with assembly approval, and only after exhausting all possible negations.

The borough attorney advised the assembly that the procedure simply eliminates the solicitation of bids when seeking to purchase a right of way. She added that it allows the borough manager to move forward with face-to-face negotiations with the property owner.

After considering all the discussion and input from the public hearing, the assembly members agreed to approve the change.

&#8220When examining an issue like this, I try to determine what is in the best interest of the public as a whole,” assembly member Bill Allen said.

&#8220I think this ordinance sets forth a procedure that is fair, equitable, and will allow common sense to prevail.”

Contact Darrell L. Breese

at 325-2267 or darrell.breese@

frontiersman.com.