A Clinton County Compensation Commission award in a condemnation case for property the city of Clinton is seeking is being appealed by the city of Clinton.
That appeal was filed in Clinton County District Court over the award for property owned by Patrick and Julie Lonergan. Click ‘read more’ for more details-
The property involved is several acres in the 18th and 19th Avenue North area that is part of the extension of 19th Avenue North.
The City and the property owners could not negotiate a price so the city asked for the Compensation Commission to set the price. The panel has a responsibility to set the value of private property a government entity is interested in purchasing for public use.
The commission awarded the Lonergan’s 75-thousand*400 dollars in the hearing November 20th.
In a statement to K-R-O-S NEWS City legal counsel Patrick O’Connell did confirm “there is an ongoing appeal in Clinton County District Court and that the basis of the appeal stems from the difference between the fair market value assigned to the Lonergan property by the testifying appraisers and the much higher value assigned by the Commission.” But he could not comment further.
According to notes from the Commission meeting in the court file – the appraised price of the property in question was 17-thousand dollars. An argument was made the panel should also consider the estimated cost of 20-thousand dollars in new landscaping for the housing development after the road was installed. The Lonergran’s also claimed the diminished value of the remaining property estimated to be over 30-thousand dollars should also be considered.
The Commission included those figures in the eminent domain proceeding and award.
