Property is condemned for bridge replacement

Benton County Service Center

By Jim Magdefrau

VINTON – The Benton County Board of Supervisors approved condemning property for a bridge at their Tuesday, Aug. 4, 2026, meeting at the Service Center in Vinton.

Bridge

The board discussed Resolution #26-69, approval to acquire or condemn property in the SW 1⁄4 of Section 30, T-86N, R11W, for Bridge Replacement Project BROS-CO06-(126)–8J-06. This is on 16th Ave. in Cedar Township over Spring Creek. 

Engineer Myron Parizek said the county and the owner on the east side of the project have not come to an agreement for purchasing the land voluntarily. To keep the project going, he has asked to pursue condemnation. This is for .002 acres. They are also getting easement for the project. They have already signed off with the property owner on the west side. 

Supervisor Chairman Tracy Seeman said he had met with the owner and was torn on this. He understands the money and the need for the bridge, but as a farmer, he hated to say he agreed with the land owner. He said he would abstain from the vote. 

Supervisor Bruce Volz observed he did not want to lose the grant money and the bridge needs to be replaced. He understood Seeman’s concerns, but moving forward, he felt the bridge was probably the best path to take. Supervisor Ron Tippett agreed and made the motion to move forward with the condemnation. Volz seconded this and it was approved, 2-0.

The resolution reads as follows.

RESOLUTION #26-69

APPROVAL TO ACQUIRE OR CONDEMN IF NECESSARY ALL OR A PORTION OF PROPERTY OR AN INTEREST IN PROPERTY FOR THE BROS-C006(126)–8J-06 PROJECT

WHEREAS, BROS-C006(126)–8J-06 Project is necessary for the maintenance, safety improvement, repair, or upgrade of an existing bridge on 16th Avenue in Benton County who is responsible for maintaining that road;

WHEREAS, certain easement and right-of-way rights in property are necessary to start and complete BROS-C006(126)–8J-06 Project;

WHEREAS, the Benton County Board of Supervisors finds that it may be necessary to acquire or condemn all or a portion of property an interest in the following-described property (the “Property”) for the BROS-C006(126)–8J-06 Project: 

Parcel #2 is the Fractional Northwest Quarter of the Fractional Southwest Quarter of Section 30, Township 86 North, Range 11 West of the 5th P.M., Benton County Iowa, and more particularly described as follows:

Commencing at the West Quarter Corner of said Section;

Thence South 00°24’53” East, 772.18 feet along the West Line of said Quarter-Quarter Section;

Thence North 89°35’07” East, 33.00 feet to the East Right-of-Way Line of 16th Avenue, also being the Point of Beginning;

Thence South 16°18’51” East, 171.56 feet;

Thence South 00°24’53” East, 50.00 feet;

Thence South 18°46’52” West, 142.95 feet to said East Right-of-Way Line;

Thence North 00°24’53” West, 350.00 feet along said East Right-of-Way Line to the Point of Beginning. Containing 0.22 Acre(s) (9,400 Square Feet), subject to any other easements recorded or unrecorded.

AND

Temporary Construction Easement #2 in the Fractional Northwest Quarter of the Fractional Southwest Quarter of Section 30, Township 86 North, Range 11 West of the 5th P.M., Benton County, Iowa, and more particularly described as follows:

Commencing at the West Quarter Corner of said Section;

Thence South 00°24’53” East, 772.18 feet along the West Line of said Quarter-Quarter Section;

Thence North 89°35’07” East, 33.00 feet to the East Right-of-Way Line of 16th Avenue;

Thence South 16°18’51” East, 129.97 feet to the Point of Beginning;

Thence South 64°28’04” East, 57.16 feet;

Thence South 00°24’53” East, 74.99 feet;

Thence South 46°35’53” West, 88.00 feet;

Thence North 18°46’52” East, 74.12 feet;

Thence North 00°24’53” West, 50.00 feet;

Thence North 16°18’51” West, 41.59 feet to the Point of Beginning. Containing 0.11 Acre(s) (4,907 Square Feet), subject to any other easements recorded or unrecorded;

and WHEREAS, the owners of the Property are Kenneth R. and Debra J. Miller (the “Owners”); and

WHEREAS, Benton County representatives have made good-faith efforts to negotiate the purchase of rights in the Property; and

WHEREAS, offers to the Owners for the purchase of the rights in the Property have been refused; and  

WHEREAS, Condemnation Proceedings are necessary and required to commence BROS-C006(126)–8J-06 Project; and

NOW, THEREFORE, BE IT RESOLVED by the Benton County Board of Supervisors hereby approve to acquire or condemn the Property to complete the bridge improvement project known as BROS-C006(126)–8J-06.

Signed this 4th day of August, 2026.

Tracy Seeman, Chairman, Ronald J. Tippett, Bruce Volz

ATTEST: Hayley Rippel, Benton County Auditor

Other business

Mike Silhanek was appointed as a veterans affairs commissioner. 

Vacation carryover was approved Rick Wood, maintenance. The carryover is 61.5 hours and is to be used by Dec. 1. 

The board approved use of the courthouse lawn for Vinton Unlimited for Boom-Fest August 29, 2026.

The board approved Emergency Medical Services claims for Garrison First Responders and Atkins EMS. These include training, equipment for Garrison and radio equipment for Atkins. They also paid Unplugged Wireless on behalf of Garrison First Responders.

Supervisor Chairman Tracy Seeman gave a report on a new housing repair program provided by the Eastern Iowa Regional Housing Trust Fund. This is for lower income people, and applies to roofs, furnaces, water heaters, decks, windows, sewer and plumbing up to $20,000 per house. He is working to get the information out. The program has $224,000 for Benton, Iowa, Jones and Washington Counties. 

The board closed the meeting with updates on concrete blow-outs on county roads. 

Meeting on YouTube

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