Cape couple petitions for jury trial in condemnation case

State Rep. Kathy Swan and her husband, Reg, have petitioned for a jury trial in Cape Girardeau County Circuit Court over a condemnation dispute with the city of Cape Girardeau.

The Cape Girardeau couple and the city are at odds over what the city should pay to acquire just over three acres of woods for a road-extension project.

An appraiser valued the land at $39,000 an acre, the Swans reported. The city offered $58,375 total for the Swans' property.

A special judge ruled in December the city can proceed with the street project and appointed three commissioners to decide on a value for the contested land. The commissioners concluded the city should pay $67,200, well below the appraised valued of more than $119,000 reported by the Swans.

The condemnation process allows for either party to file "exceptions" to the commissioners' determination on the value of the land and proceed to a jury trial.

The Swans, through their new attorney, James F. Waltz, petitioned for the jury trial last Tuesday. The case has been assigned to Circuit Judge Benjamin Lewis. As of Monday, no court date had been set.

Reg Swan said Monday that he and his wife want the dispute settled as soon as possible. "We are hopeful we can reach an agreement with the city before it goes to trial," he said.

Meanwhile, the city is proceeding with construction of Veterans Memorial Drive from Scenic Drive to Hopper Road. The Cape Girardeau City Council last week awarded a $1.68 million contact to R.L. Persons Construction Inc. of Poplar Bluff, Missouri, to build the road just east of Interstate 55.

According to the commissioners' report, just over an acre of the Swans' land would be used for roadway. Temporary construction easements would cover 1.85 acres, and the rest of the acquired property would be used for drainage improvements.

The wooded area contains ravines that will require a lot of fill dirt for a level road, city officials and the Swans have said. The Swans allege the construction work will change the grade of the land and degrade their property.

mbliss@semissourian.com

(573) 388-3641

Pertinent address:

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