HomeMy WebLinkAboutResolution 117-2013 Resolution No. 117-13
Resolution of Necessity for Acquisition of Real Property
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
Whereas, the City Council of the City of Brookings hereby declares the necessity to acquire
certain real property for right-of-way purposes. Specifically, private property described below is
necessary to provide for the 26th Street South right-of-way, a street which will serve the new
elementary school; 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 Supreme Court.
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; and
Whereas, SDCL §9-27-1 requires that any resolution of necessity must state the
purpose and intent of such appropriation.
Now, Therefore Be It Hereby Resolved by the City Council for the City of Brookings that the
public good necessitates the appropriation of the following real property:
The North Thirty Five Feet (N 35') of the Northeast Quarter of the Southwest
Quarter(NE%SW%) of Section Two (2), Township One Hundred Nine (109)
North, Range Fifty (50) West of the 5th P.M., County of Brookings, State of
South Dakota, including Outlot One (1)thereof.
Be It Further Resolved that the purpose and intent of such appropriation is to obtain real
property for a public street, namely 26th Street South, which is necessary to serve a public
school to be constructed and served by 26th Street South; and
Be It Further Resolved that said purpose and intent is a public use and provides a public benefit;
and
Be It Further Resolved that the City Attorney is hereby authorized and directed to file a
proceeding in eminent domain pursuant to SDCL§§ 9-12-1, 9-27-1 and SDCL Ch. 21-35,to
appropriate the subject property for the purpose of acquiring public right-of-way to serve a
public school and to determine the just compensation due the present owner of the above-
described property; and
Be It Further Resolved that this Resolution shall be passed by a 2/3 majority of all the elected
members of the City Council in order to become effective.
Passed and approved on the 8th day of October, 2013.
CITY OF BROOKINGS:
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Tim Reed, Mayor
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City Clerk
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