Judge's ruling advances road project; land dispute involves area lawmaker

A condemnation dispute between a state representative and the city of Cape Girardeau over a road project will move forward, thanks to a judge's ruling,

A special judge in the case, associate circuit judge Rob Fulton of Madison County, Missouri, has ruled the city can take possession of the land in question for a permanent right of way and drainage easements, as well as temporary construction easements once compensation has been determined.

In the Nov. 19 ruling, the judge appointed Maurice Sandfort, William Cole and Kevin Greaser to determine compensation, if any, to the Swans within 45 days from the date of the ruling, which likely will be in January.

But the process is far from over. Ultimately, the case could go to a jury trial.

Rep. Kathy Swan, R-Cape Girardeau, and her husband, Reg, are defendants in a land-condemnation lawsuit brought by the city in an effort to move ahead with a road project. Swan also once was a city councilwoman.

The Swans own land in the Ashland Hills Subdivision that lies in the path of a planned extension of Veterans Memorial Drive from Scenic Drive to Hopper Road. The city has built what amounts to an outer road, east of Interstate 55, in piecemeal fashion.

In an amended petition, the city said the temporary construction easement would be used only during the construction of the street and stormwater erosion control systems, and it would not extend beyond final acceptance of the project by the city council.

City officials say the city took legal action after being unable to reach an agreement with the property owners on the land's fair-market value and fair compensation.

The attorney representing the city, Mary Eftink Boner, could not be reached for comment. But city engineer Casey Brunke said the city plans to open bids on the project Jan. 12, contingent on the conclusion of the condemnation process. Construction of the road extension is expected to begin in the spring and wrap up by the end of 2016, Brunke said.

The Swans' lawyer, Nancy Browne, has acknowledged the sides failed to agree on compensation for the property but in a court document in October took issue with the proposed construction easement. According to that document, the construction easement would lead to "removal of all mature trees and significant changes to the grade of the property."

Browne said Monday the main purpose of the bench trial was to choose the commissioners who will determine a compensation figure. Browne said both sides came with suggested names and subsequently recommended the three who were appointed by the judge.

"The only question on the 19th was who would be the commissioners," she explained.

Browne said the commissioners include a banker, a retired banker and a real estate broker/developer. All three have expertise in determining land values.

At least two of the commissioners must agree on the compensation. The commissioners then would file a report with the circuit clerk. If either side disputes the commissioners' decision, the case could go to a jury trial.

But Browne said depending on the compensation amount, a jury trial might not be worth the expense.

"Jury trials are expensive," she said.

mbliss@semissourian.com

(573) 388-3641

Pertinent address:

Veterans Memorial Drive and Scenic Drive, Cape Girardeau, Mo.