Agency moves to speed eminent domain effort
The Urban Renewal Agency’s commission passed three resolutions Tuesday night that will speed up its effort to use eminent domain and improve the downtown area.
The subject of eminent domain has been a key topic at the agency’s commission meetings for several months now as it looks to acquire properties and move forward with the agency’s plan for downtown. And while there have been problems that have slowed down the process, agency officials believe they have now cleared those out of their way.
In March, the agency approved a resolution to begin eminent domain proceedings on 10 Main Street properties, but according to the agency’s plan regarding acquisition procedures, such a move requires that the vote of the Urban Renewal Agency be approved by the Pine Bluff City Council.
According to attorney Cody Keys, who represents the agency, the resolution was sent to the City Council, but no action has been taken on it yet.
“This is a proposed change to the plan regarding the acquisition of property through this agency’s eminent domain powers,” said Keys. “What this change would do, if you vote on it, it would essentially eliminate
the need for the City Council to approve acquisition, which tracks with the law.”
Section 700 currently reads that the City Council shall ratify the amendment to this plan by resolution.
Section 900 requires that the plan amendment be approved by the Urban Renewal Agency by resolution and presented to the City Council for required approval by resolution.
Arkansas Code 14-169802 allows the Urban Renewal Agency to acquire property by resolution.
“The law allows the board and the commissioners here at the Urban Renewal Agency to acquire property by a resolution,” said Keys. “It doesn’t require any further action.”
Keys said the current plan has a step not required by law, and modifying the plan would make it consistent with the law, allowing the agency to have the final decision-making power when it comes to eminent domain.
“This is just for housekeeping standpoint. This is not to circumvent the City Council or anything of that sort,” said Maurice Taggart, agency director. “It makes it more fluid logistically instead of having to go through that process.”
Taggart said the process would also remove the council from taking the blame associated with eminent domain proceedings.
“They wouldn’t have to worry about someone saying to them, ‘Hey, you all have approved Urban Renewal to take my land.’ The buck will stop here,” said Taggart. “It works to their advantage because they won’t have to make that decision.”
Secretary Kirby Mouser said he was for anything that would speed up the process.
Mouser made a motion to amend both of the sections outlined to bring the agency’s plan into conformity with the statute.
The motion was approved.
A second motion was then made by Mouser to rescind the previous resolution that the board passed in March about eminent domain so that the members could reconsider the issue with the amended plan.
That motion also passed. A final motion by Mouser was made to exercise the body’s eminent domain powers in respect to the properties on Main Street that were outlined in the resolution.
That motion passed as well.
In other business, the board also passed a motion to accept the section in a developmental agreement between the P3 Group Inc. and the city of Pine Bluff and agency in regards to the land needed to build residential living units downtown.
According to Taggart, if the City Council approves the agreement with P3 Group, the entity that was chosen to build the market-rate housing downtown as well as the hotel that’s connected to the convention center, then the agency will lease the land to the city.
“Our contribution to that effort, I think it would benefit both the land and Urban Renewal,” said Taggart, who added that the group is proposing 65 to 85 units. “The statute does allow us to have a partnership with other governmental entities. It won’t be an issue if the board agrees to that developmental agreement just with respect only to the land.”
The motion was approved.