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RESOLUTION TO SET A POLICY FOR RIGHT OF WAY ACQUISITION (NOTE: THIS POLICY WAS AMENDED BY RES-72:010 ON SEPTEMBER 5, 1972)
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BE IT RESOLVED by the City Council of the City of Jonesboro, Ark.:
WHEREAS, it is the desire of the City Council of the City of Jonesboro to set a policy for all future acquisition of right of way for street improvement purposes when said right of way to be acquired by purchase and not by donation by the landowner; and
WHEREAS, all right of way by purchase acquired in the future by the City shall conform and comply with the policy for acquisition outlined herein as follows:
1. The City shall employ an independent qualified land appraiser to appraise all property to be acquired for right of way purposes. Said appraiser shall determine the value of the ground to be acquired for rights of way purposes and the amount of damages, if any, that is occasioned by the acquisition of the right of way.
2. The independent, qualified land appraiser mentioned in paragraph 1 above shall be employed by the Mayor and approved by action of the Council.
3. The appraiser shall make his findings as to the value of the land and damages occasioned by the taking, if any, and submit the same in writing to the Council for review, study and recommendations. The Mayor shall designate some person with the approval of the Council to negotiate with the landowner for the purchase of the right of way only with the appraisal furnished to the Council by the land appraiser. Any other price used in negotiations shall first be approved by the Council. If an agreement can be reached for payment to the landowner, based upon negotiations, then the Council by resolution shall purchase said right of way based upon their negotiations.
4. In the event an agreement cannot be reached between the person negotiating and the landowner for the purchase of said right of way, then, and in that event, Council shall acquire the right of way by proper condemnation proceedings. The Ci...
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