Swans, city of Cape Girardeau settle condemnation case

The city of Cape Girardeau has agreed to pay $112,500 to state Rep. Kathy Swan and her husband, Reg, to settle a condemnation case.

Judge Robin Fulton signed the consent judgment Friday, bringing an end to months of litigation over property the city took in connection with the extension of Veterans Memorial Drive.

The street borders the Swans' property.

"We are glad that it is over," Reg Swan said Monday.

"We had a very fair mediator. We are satisfied with the settlement," he said.

Equipment sits Monday at the construction site for Veterans Memorial Drive behind the Swans' property.BEN MATTHEWS

City manager Scott Meyer said, "We felt we ended up at a fair place."

The "public taking" of property is "always difficult," Meyer said.

"We let the process work, and we feel it was fair to the taxpayers," he said.

The city offered $58,375 for three acres, well below an appraised value of more than $119,000 reported by the Swans.

On Dec. 29, 2015, condemnation commissioners awarded the Swans $67,200. The Swans received that money Feb. 18, 2016.

The settlement means the city now will pay another $45,300 to the Swans, according to the consent judgment issued in Cape Girardeau County Circuit Court.

In addition, the city will grant and build at its cost a 30-foot curb cut to provide the Swans with access to their property from Veterans Memorial Drive.

The city will plant "no-maintenance vegetation" in the area of the temporary construction easement. The city will ensure the contractor or its designee comply with plans and specifications concerning the placement of topsoil, according to the agreement.

The city also will exempt the Swans and their successors from municipal stormwater regulations on the property bordering Veterans Memorial Drive unless the property owners "substantially modify" the land.

Reg Swan said the curb-cut requirement will provide access to the 1.7 acres the city did not take for the construction project. He said he and his wife want access to the remaining wooded area in case they wish to build a new home or make other use of the property.

As a result of the no-maintenance vegetation stipulation, Reg Swan said he and his wife will not have to maintain sloped ground that had been cleared of trees for use as a construction easement.

"It is done. We have no liability," he said.

The Swans earlier this year petitioned for a jury trial. At the time, Reg Swan said he hoped an agreement could be reached with the city to avoid a trial.

Under the consent judgment, both parties will pay their attorneys' fees.

Reg Swan declined to disclose how much he and his wife incurred in legal fees.

As of June 5, the city had spent more than $13,000 on legal fees, according to city finance director John Richbourg.

mbliss@semissourian.com

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