Two Phelps County residents, threatened by a possibility that the City of Rolla — vis-à-vis, Rolla Municipal Utilities — could exercise its authority in acquiring their land by means of “eminent domain,” voiced their concerns on Tuesday to the Phelps County Commission.
Robert and Carolyn Weitzsacker, property owners residing on County Road 2170, said they received correspondence from RMU Attorney J. Kent Robinson, of the Law Firm of Williams, Robinson, Rigler & Buschjost, which expressed interest in purchasing a tract of land they owned adjacent to their home and next to an Ameren UE substation.
The letter advised the Weitzsackers that should RMU managers prove unsuccessful in their efforts to negotiate a direct purchase of their land, RMU might “be required to pursue acquisition of the property through eminent domain.”
According to Robert Weitzsacker, his neighbors also received inquiries regarding the possible purchase of their properties near the Ameren UE substation, and at prices exceeding what he was offered, but none had, as yet, received veiled threats of a possible action to acquire the land by use of eminent domain.
Weitzsacker said he listed 17 acres of land (just north of the UE substation) with a real estate agent, but the letter from Robinson specifically asked him to sell the tract of land situated just south of the substation and adjacent to his home for the same amount of money he wished to sell the undeveloped land, six acres of his 35-acre home property for $35,000.
“We offered RMU the property right next to the substation, but they don’t want it,” Robert Weitzsacker explained to the Commission. “A new (RMU) substation would end up 75 feet from our bedroom window.”
The Weitzsackers said they also were approaching the Commission on behalf of 50 residents in the area who were concerned the county would approve an Enhanced Enterprise Zone designation for the area.
The commissioners assured the Weitzsackers they did not endorse the joint, Rolla-St. James EEZ that had been proposed in July and subsequently was tabled for lack of public approval.
The City of Rolla already owns 40 acres of land west of, and adjacent to, the Weitzsacker property.
Carol Weitzsacker asked, “Why is Rolla buying a substation outside of city limits?”
Robert Weitzsacker said he would not be adverse to selling all his land holdings to RMU, as long as the price was fair and would pay off the mortgage and leave enough money to relocate.
Commissioner Larry Stratman assured the Weitzsackers he was against the use of eminent domain and advised them to seek answers from Rolla city administrators.
Presiding Commissioner Randy Verkamp and Commissioner Bud Dean also suggested that the Weitzsackers direct their inquiries to the Board of Directors for RMU and the Rolla City Council.
“There’s not much we can do except lobby for you,” Verkamp said.
A telephone call to RMU management staff resulted in the released statement, “RMU declines to comment on matters of property acquisition and ongoing negotiations.”
The attorney for RMU, Robinson, said that although he was “not at liberty to discuss any matters where acquisition of specific real estate is under consideration or negotiation,” he could offer an explanation of Missouri law as it pertains to eminent domain.
“Missouri law does indeed authorize municipalities of the third class (such as Rolla) to acquire by eminent domain land, both inside and outside the corporate boundary, for municipal utility purposes.
“However, eminent domain is always an option of last resort, which should be considered only if all other methods for acquiring the land necessary for municipal utility purposes have failed,” stated Robinson.
The final decision, whether to initiate any eminent domain actions, would have to be approved by the city council, Robinson said.
A city’s power to utilize eminent domain was reinforced by a June, 2005, Supreme Court decision in which it reinforced a local government’s authority to force property owners to sell their property to promote private economic development whenever officials decide it would benefit the public, even if the property is not blighted and the new project’s success is not guaranteed.
In other non-related, county government business, the Phelps County Commission approved the appointment of Commissioner Larry Stratman to the St. James Enhanced Enterprise Committee.
Also, Phelps County Treasurer Carol Green reported a county-owned, $225,000 certificate of deposit would mature on Dec. 7 and that she would solicit bids from local banks through Dec. 9 for a new CD.