Resolution of Necessity for Acquisition of Real Property
for Public Highway Project
WHEREAS, the City of Brookings is constructing an Interstate 29 Interchange, known as the I-29 Exit 130 (20th Street South) Interchange Project (Number EM 0295(45)130 PCN O2OV), (referred to in this Resolution as the “Project”), which involves construction of a new public highway interchange. The Project consists of grading, bridge structures, lighting, asphalt, concrete surfacing, curb and gutter, storm sewer, engineering, right of way acquisition, utilities, and new access ramps. The Project is located on Interstate 29 (I-29), and includes portions of 20th Street South in the City of Brookings and over I-29; and 214th Street, from I-29 to 473rd Avenue in the County of Brookings; and
WHEREAS, a portion of the construction of the Project will require the acquisition of additional land for right of way and construction, including control of access, borrow pits, cutslopes, fillslopes, impoundments, and channel changes, either by purchase or condemnation; and
WHEREAS, the Project is scheduled for construction in 2022; and
WHEREAS, acquisition of the land for right of way and temporary easements must be completed; and
WHEREAS, the City of Brookings has been unable to acquire, by voluntary purchase or agreement, the rights of way, access control and temporary easements described below that are necessary for the construction of the Project; and
WHEREAS, except as otherwise specially provided, whenever the governing body of any municipality shall deem it necessary to appropriate or damage any private property, either within or without the corporate limits of the municipality, for any purpose authorized by law, it shall, by a resolution passed by a two-thirds majority of all the members elected thereto, declare such appropriation necessary, stating the purpose and extent of such appropriation. Thereupon, the proceedings for such appropriation and condemnation shall be as provided by law and the rules of practice and procedure adopted by the South Dakota Supreme Court; and
WHEREAS, SDCL § 9-27-1 authorizes a municipality to acquire real property for any purpose authorized by law; and
WHEREAS, SDCL § 9-27-1 also provides that a municipality must, prior to commencing proceedings in eminent domain, determine that such appropriation is necessary;
NOW THEREFORE, BE IT HEREBY RESOLVED:
- That it is necessary to acquire the following rights of way, access control and temporary easements by condemnation in accordance with the provisions of SDCL Ch. 21-3 and Ch. 31-19, which may include filing Declarations of Taking pursuant to SDCL 31-19-23:
Right of Way: Lot H1 and Lot H2 in R’Surene Morgan Farm Addition to the County of Brookings in Government Lot Four (4) of the Northwest Quarter (NW¼) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, as shown on Attachment “B”. Said Lot H1 containing 0.02 acres (916 sq. ft.), more or less. Said Lot H2 containing 0.71 acres (30738 sq. ft.), more or less.
Description of land to be acquired for temporary easements (“T.E.”):
A parcel in R’Surene Morgan Farm Addition to the County of Brookings in Government Lot Four (4) of the Northwest Quarter (NW¼) of Section Six (6), Township One Hundred Nine (109) North, Range Forty-nine (49) West of the 5th P.M., County of Brookings, State of South Dakota, as shown on Attachment “A”. Said T.E. containing 1.0 acre (43167 sq. ft.), more or less.
- That this Resolution must be passed by a 2/3 majority of all the elected and appointed members of the City Council in order to become effective.
Passed and approved on the 13th day of July, 2021.
CITY OF BROOKINGS, SD
Oepke G. Niemeyer, Mayor
Bonnie Foster, City Clerk