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HomeMy WebLinkAbout2025-07-21 Resolution 2025-288_Property Acquisition Compensation PolicyTHE CITY OF WAUKEE, IOWA RESOLUTION 2025-288 A RESOLUTION AMENDING THE ACQUISITION POLICY FOR PROPERTY ACQUISITIONS UTILIZING EMINENT DOMAIN FOR PUBLIC IMPROVEMENT PROJECTS IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, Chapter 6B of the Iowa Code relates to the acquisition of private property for public improvement projects through the utilization of eminent domain; and WHEREAS, Section 6B.54(2) of the Iowa Code provides that an acquiring agency may prescribe a procedure to waive the requirement for an appraisal "in cases involving the acquisition of property with a low fair market value"; and WHEREAS, the City adopted its policy on May 3, 2010, in Resolution 10-117 which has not previously been amended; and WHEREAS, the City's policy should be updated to address market trends and valuations over the last 15 years. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that Resolution 10-117 should be and the same is hereby amended by repealing the same effective upon adoption of the following policy. Section 1. Definitions For purposes of this resolution, the following terms shall have the following definitions: Appraisal means a written report, provided by an appraiser in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP), indicating the fair market value to be paid for the acquisition or taking of an interest in private property or of a part of such property. Compensation Estimate means a valuation, prepared by an acquisition agent, indicating the fair market value for the acquisition or taking of private property, and/or of the damages for the acquisition or taking of an interest in private property or of a part of such property. A compensation estimate shall include a breakdown of the valuation and/or damages. A compensation estimate is not an appraisal. Low Fair Market Value means that the acquisition is estimated to have a fair market value of $25,000 or less, exclusive of payments for the cost of tillage, fertilizer, growing crops, agricultural right-of-way fence, and legislated $5/lineal foot of lengthened residential driveway, as determined by a review of available market data. Section 2. When Appraisals are to be Obtained For all acquisitions other than those of low market value, the valuation of the property or property interest to be acquired shall be determined by an appraisal. Section 3. Compensation Estimate in Lieu of Appraisal When it reasonably appears that an acquisition parcel or an interest in an acquisition parcel is likely to be of low market value, the valuation of that property or property interest shall be determined by an estimate of compensation in lieu of an appraisal. The person preparing a compensation estimate shall make reasonable efforts to give the property owners and tenants an opportunity to participate in the preparation of a compensation estimate, to provide verifiable cost to cure information, and to identify items of damage. The compensation estimate shall itemize the estimated value of the land or the interest in the land, any buildings on the property acquired, all other improvements acquired including fences, signs, severance damages, and loss of access. If the compensation estimate indicates that just compensation for that property or property interest is in excess of low market value, then an appraisal shall be obtained for that property or property interest. Section 4. Establishment of Just Compensation The City Administrator is hereby authorized and empowered to determine the amount of just compensation for each and every property or interest in property to be acquired for a public improvement project, those determinations to be made on the basis of appraisals and estimates of compensation made as aforesaid. In no case shall the amount offered on behalf of the City of Waukee for acquisition of a property be less than the fair market value approved by the City Administrator as determined in accordance with this policy. Section 5. Release of Appraisals, Compensation Estimates, or Appraisal Information Section 6B.45 of the Iowa Code requires that the acquiring agency mail "a copy of the appraisal in its entirety" ... "to the person, corporation, or entity whose property or interest in the property is to be taken ... at least ten days prior to the date of contact ..." The purchase offer for a property or property interest, together with the appraisal or compensation estimate prepared by or on behalf of the City shall be mailed to the owners and interest holders in the property by ordinary mail at their last known addresses not less than 10 days before the City's acquisition agent contacts the property owner or other interest holders to commence negotiations for the purchase of that property or property interest. The offer shall be accompanied by a cover letter to the property owners and interest holders, in which the property owners or interest holders are advised of the existence of the 10-day waiting period before the City's acquisition agent may contact them to begin negotiations, and shall advise them of their right to waive the 10-day waiting period. Chapter 22 of the Iowa Code, the Open Records Law, provides that "every person shall have the right to examine and copy public records." Section 22.7 of the Code outlines 36 exemptions to this requirement, identifying documents which are to be kept confidential unless otherwise ordered by the court or by the custodian of the records. Section 22.7 makes appraisals or appraisal information confidential in the following described circumstance: 7. Appraisals or appraisal information concerning purchase of real or personal property for public purposes, prior to public announcement of a project. The City will not provide copies of appraisals, compensation estimates, or appraisal information to property owners or other parties for examination or copying prior to public announcement of a project (Iowa Code Section 22.7(7)). Public announcement of a project consists of formal action by the City Council to declare its intent to proceed with a project. City staff shall consult with the City Attorney if there is an issue regarding the date or event constituting the public announcement of a project, and to ensure compliance with Chapter 22 of the Iowa Code. Section 6. Repeal and Effective Date. This resolution shall be effective upon the date of passage. Resolution shall be repealed effective upon the passage of this resolution and of no further effect as of that date. DATED this 21 sl day of July, 2025. Courtney Clarke, Mayor Attest: eAcui/LM Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg X Chris Crone X Rob Grove X Anna Bergman Pierce X Ben Sinclair X