Independence, MO---

One of two condemnation suits involving Independence and an Arizona-based developer and land needed for an ongoing street improvement project near Little Blue Parkway has been settled.

The city sued Kidwell Enterprises, developers of Kidwell Business Park in eastern Independence, after negotiations with Kidwell to purchase parcels of land the city needed for the 37thTerrance Extension, Jackson Drive to Little Blue Parkway project were not successful. The city filed suit under the eminent domain statute to acquire the land.

After mediation talks failed to yield an agreement between the parties the matter was submitted to three commissioners pursuant to condemnation procedures. The condemnation commissioners awarded Kidwell Enterprises a total of $147,000 for the two parcels of land.

The city passed an emergency order last month approving the payout to be paid into court, where the court will dispense the funds to Kidwell Enterprises. The city was required to pay the commissioners’ award in order to acquire and take possession of the parcels and begin work on the 37th Terrace, Jackson Drive to Little Blue Parkway extension.

“We couldn’t agree on the value of the land,” said Tony Gosserand, an attorney representing Kidwell Enterprises in both condemnation matters. The second separate suit, filed by the city, involves land needed for the Little Blue Parkway improvement project now in its fourth phase. “I don’t think anybody truly likes it when their property is taken, but it is being taken for a road. These things happen from time to time.”

Colin Dietiker, an attorney for the city, said the ordinance, approved unanimously as an emergency, allows the city to move forward with the 37th Terrace project.

“We are acquiring the last two parcels for that project,” Dietiker. “It’s going to connect Jackson Drive to Little Blue Parkway.”