This Tuesday, the Benton County Board of Commissioners, or BOC, will consider eminent domain proceedings for a new bike path between Corvallis and Albany. The land in question is just under two thirds of an acre – it’s currently owned by Trillium, which operates the Children’s Farm Home at the site.
County staff are recommending the action, and in their attachments to the proposal, they offer a rough map showing the future bike path bisecting the Farm’s Home’s driveway entrance from Highway 20.
Of the three-member board that runs the County, Commissioner Pat Malone has been the main champion for the project. In 2022, he promised voters he’d get the project done if they would elect him for a second term, and the other two commissioners have been supportive of the project, as well.
Why eminent domain
According to a memo signed by County Counsel Vance Croney, “Repeated efforts by county staff to negotiate the purchase of the .65-acre portion of property have been unsuccessful.”
The memo also says, “In order to construct a complete Corvallis-to-Albany path, it is necessary to initiate eminent domain proceedings under ORS ch. 35. The first step, as required by Oregon law, is to declare the necessity of acquiring private property for public purposes by adopting a resolution of necessity.”
“Because Benton County has a present need for additional land for the Corvallis-Albany path, the acquisition of 28,198 square feet described in Exhibit A of the resolution of necessity will be the most compatible with the greatest public good and cause the least private injury.”
Fiscal impact
Much of the funding for the project has been identified, but an eminent domain action would add costs. The memo says, “If, however, the Board moves ahead with an eminent domain action based on the resolution of necessity, there will be costs associated with that litigation. The county will be required to pay the attorneys, appraisers, and experts needed to prosecute eminent domain litigation. It will be required to pay at least the amount put forward as the last best offer as the acquisition cost of the property. And, if the eminent domain litigation results in a jury award of more than the county offered in its last best offer, Benton County must pay that amount as the purchase price, in addition to the property owner’s attorney fees, expert fees and associated costs.”
What’s next
The next BOC meeting is set for Tuesday, May 14 at 9 am, and this item is on the agenda for discussion and possible action. The term ‘right-of-way acquisition’ is used in the agenda, and staff waits until the attached meeting packet to use the term ‘eminent domain.’
For the meeting agenda, meeting packet, and meeting attendance information, click here.
Benton County Commissioners serve at-large, in other words, they all serve the whole of the county, instead of districts or wards. Here’s how you can contact them about the Corvallis-Albany bike path, or anything else you would like.
- Email Commissioner Augerot: xanthippe.augerot@bentoncountyor.gov
- Email Commissioner Wyse: nancy.wyse@bentoncountyor.gov
- Email Commissioner Malone: pat.malone@bentoncountyor.gov
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