Marion County commissioners voted unanimously on Feb. 18 to approve two resolutions authorizing the county to exercise eminent domain to obtain fee-simple right-of-way parcels and temporary construction and drainage easements needed for the Southwest 40 Ninth Avenue (Phase 1) road-improvement project.

County staff and the county attorney outlined the need for the authority after extensive attempts to negotiate voluntary conveyances. The county attorney explained the legal framework under federal and state constitutions and stressed that, if the county proceeds to condemnation, property owners are entitled to full compensation, including attorneys’ fees, appraiser and engineer costs.

The project is intended to extend Southwest 40 Ninth Avenue north to Southwest 40 Third Court Road to improve connectivity and address longstanding transportation needs in the area. Commissioners said staff had worked hard to negotiate voluntary sales but that road construction sometimes requires the use of eminent domain when agreements cannot be reached.

Commissioner Bryant made the motion to approve both resolutions; Commissioner Stone seconded. The board approved both measures unanimously.