Moses Lake moves to condemn land for park

City following through on deal for land

MOSES LAKE - Moses Lake City Council is moving forward with an eminent domain procedure to condemn a piece of property to expand the Japanese Peace Garden this summer.

The council authorized city staff to acquire the property through condemnation during the Tuesday night council meeting.

City Attorney Jim Whitaker said he plans to send a draft petition to the attorney of property owner Kathleen Jenny to acquire the land.

The city is moving forward with condemnation because they have been trying to obtain the property through sale for approximately two years, he added.

The Columbia Basin Herald was unable to contact Jenny for comment.

In 2006 city staff began negotiating with Jenny to determine a value of the property located adjacent to the peace garden on Seventh Avenue and Alder Street, Whitaker said. The city planned to purchase the property to expand the park.

Whitaker said the deal was nearing completion but Jenny failed to sign the property deed to the city after she agreed to a sale price.

Attorney Eric K. Peterson, who represents Jenny, said the process halted because there is a disagreement about how much the land is worth. He was unable to state what his client wants for the land.

City Manager Joe Gavinski said the city originally offered approximately $50,000 for the property and Jenny stated she wanted $80,000.

He said the city agreed to Jenny's offer but she never gave them the deed so they are condemning it instead.

Gavinski said the city will still pay Jenny the approximately $80,000 for the property if it's taken through condemnation.

According to the Grant County Assessor's Office the vacant lot, which is less than one acre, has an assessed value of $24,000.

Whitaker said city staff may be able to begin landscaping the property next month if a judge signs an order of use and necessity document.

He said there is a public use for the land and a value was assigned to it. Whitaker said because Jenny determined a value for the property and the city agreed to the sale price, they are able to develop the land if it goes through court.

The ordinance to go forth with the condemnation was approved unanimously on the first reading during the Tuesday night council meeting. The ordinance must be approved on a second reading at the next council meeting to be official.

Councilmember Richard Pearce motioned the ordinance for approval and Councilmember James Liebrecht seconded the motion.

"I don't like to do this kind of thing to our citizens," Pearce said.

He said he approved the condemnation because it's unique. There was an initial understanding the city would buy the land from Jenny but it appears she is unable to continue with the decision due to personal reasons, Pearce said.

Whitaker said the deal seemed to come to a halt following the death of her financial adviser, who she knew personally.

Peterson said the issue is not resolved because the appraised value is not settled.