Commissioners call for city to pay $67,200 to Kathy Swan and her husband for land

The city of Cape Girardeau can move ahead with extension of an outer road now that court-appointed commissioners have settled on how much the city should pay for purchase of land from state Rep. Kathy Swan and her husband, Reg.

The three commissioners determined the city should pay $67,200 for acquisition of just over three acres located in Ashland Hills Estates subdivision, west of Kage Road.

Commissioners Maurice Sandfort, William Cole and Kevin Greaser, who all have expertise in identifying land values, filed their report with the Cape Girardeau County circuit clerk's office Dec. 29.

Both sides have 30 days from the date of filing to file any "exceptions" to the compensation report, said the Swans' lawyer, Nancy Browne.

City manager Scott Meyer said Thursday the value set by commissioners is "a pretty good number," even though it is higher than the amount offered by the city. Meyer said the city's initial offer was based on an appraisal.

Browne would not say whether her clients would seek a jury trial in an effort to obtain greater compensation for the loss of their property.

But whether there is an extended court fight or the case is concluded by the end of January, Browne said the city can take possession of the land once it pays out the $67,200 to the circuit clerk's office.

The court clerk would be responsible for distributing the money to the Swans when the case has been concluded, she said.

"The city owns the property once they pay the money," Browne said, adding the city could proceed with construction even if the case still is being litigated.

Both Browne and city engineer Casey Brunke said at this stage, it's all about the price.

"It's not a question of whether we get the property, but how much we pay for it," Brunke said.

Kathy Swan could not be reached for comment at her legislative office in Jefferson City, Missouri.

Besides being filed with the court clerk, the commissioners' report has been submitted to the Cape Girardeau County recorder of deeds as required by law.

Meyer said city officials encouraged the Swans to go to court.

"We wanted this to be an independent process. She wasn't being uncooperative," he said.

Meyer said since Kathy Swan is a state lawmaker and a former city councilwoman, city officials wanted the entire process to be public to avoid any appearance of impropriety.

"We wanted it to be as transparent as possible," he said.

Meyer said the amount of money paid for easements varies with each project and according to each individual site.

The city plans to extend Veterans Memorial Drive from Scenic Drive to Hopper Road as part of a continuing effort to develop an outer road along the east side of Interstate 55.

City officials have estimated this phase of the project could cost about $3 million, which includes design work, land acquisition and construction. It would be paid for with transportation trust fund money, Brunke said.

City officials have worked to acquire land from eight property owners for this street project, Brunke said.

Browne said the city is purchasing land for construction of the road and securing permanent easements for drainage and temporary easements for construction.

Browne has indicated in a court document the construction easement would lead to "removal of all mature trees and significant changes to the grade of the property."

Browne pointed out with permanent easements, the Swans still would have to pay the taxes on that part of the property.

According to the commissioners' report, just over an acre of the Swans' land would be used for the roadway, and temporary construction easements would cover 1.85 acres.

The remainder would be used for drainage improvements.

Brunke said the city built the first phase of the outer road, extending south from LaSalle Avenue at the new business park.

This next phase is the fourth phase, the city engineer said.

Phases two and three would connect the road from Bainbridge Road southward to tie in with the existing pavement near the Missouri Veterans Home. Brunke said construction of the indoor sports complex near Interstate 55 likely will help spur construction of those two phases.

The final phase would extend the outer road south to the Route K area. Ultimately, Veterans Memorial Drive could take city traffic off Interstate 55, explained Brunke. "Eventually, we hope folks will use this road instead of the interstate," she said.

The city plans to open bids for construction of the road from Scenic Drive to Hopper Road on Tuesday.

Construction is expected to commence by spring and wrap up by the end of this year, Brunke said.

mbliss@semissourian.com

(573) 388-3641