Oxford introduces string of ordinances for next trail phase; two properties remain tension points

Oxford is one step closer to using eminent domain to acquire easements for Phase Five of the Oxford Area Trail System (OATS), but property owners and local officials alike hope to avoid the takings.

During a City Council meeting March 4, Services Director Mike Dreisbach introduced two ordinances that, if passed at the March 18 meeting, will initiate the process of appropriating permanent easements on two parcels of land despite property owners’ opposition. Each ordinance states that the easements are “necessary for a public right-of-way and road improvement.”

Acquiring property through eminent domain will require a court procedure, according to notices sent to owners of each property in November. The process is officially referred to as appropriations in Ohio.

While the ordinances introduced would put the city one step closer to court proceedings, City Manager Doug Elliott clarified after the meeting that negotiations with the property owners to avoid that outcome will continue even if the appropriations ordinances do pass.

Phase Five of the OATS will stretch from Talawanda Middle School to Talawanda High School, with an additional connection to Chestnut Street. Based on the trail alignment, the city needs easements from 11 properties to move forward. The city came to agreements with property owners for nine out of 11 of those properties. Dreisbach introduced five additional ordinances to finalize those agreements at the March 4 meeting.

Lara Osborne and Chris Shoker own one of the properties that the city hasn’t come to an agreement on. They both spoke against a resolution at the Feb. 18 City Council meeting which declared the city’s intent to acquire easements and returned to speak against the ordinance focused on their property on March 4.

A preliminary route for the trail would have had the Chestnut Street connection following the railroad tracks. As the city moved into the design and engineering phase, the alignment moved to extend from Gardenia Drive up to Chestnut Street to the west of the former landfill instead of to the east. That alignment cuts through a more significant portion of Osborne and Shoker’s property, which they plan to turn into a housing development.

Shoker said he met with city officials in the morning on March 4 for what he expected to be a discussion of alternative routes. However, the meeting did not address any alternative paths the trail could take. Shoker called on the city to table discussion of the ordinance and spend more time negotiating with him and Osborne on setback requirements, maintenance and upkeep of the trail, and potential city acquisition of 9 acres which would be cut off from the rest of the property by the current trail alignment.

“I really think [more time] would be a benefit, because once we open Pandora’s Box, litigation is expensive for everybody,” Shoker said. “We really would like to find a resolution that would be beneficial for the community and for us, as well.”

Osborne, Shoker’s wife, said she supports the trail system, but she has seen the communication as lacking so far. Previous cases of using eminent domain for bike trails in Ohio have not worked out well for cities, she said.

“It’s really jarring that people talk about appropriating your land when you’re trying to have a conversation,” Osborne said. “Please stop and listen. Listen to us.”

Jessica Greene, assistant city manager and longtime leader for the OATS, said the city had reached out multiple times between August and December to negotiate on the easement but did not hear back from Shoker and Osborne. After sending a notice in November, city staff met with Shoker and Osborne multiple times between December and February.

Oxford has a time crunch to move forward with Phase Five of the OATS. If the ordinances to acquire property — which will require six-person majorities — pass, the city will need to wait 30 days for them to go into effect. Then, the final plan for Phase Five will need to go to the Ohio Department of Transportation (ODOT) for review. After that, the plan needs to be advertised to contractors for at least three weeks since the project is receiving federal funds.

All of that has to be done in time to award a contract in June based on the city’s grant requirements, Greene said. Oxford has received more than $3 million in grants for Phase Five, which will cost a total of $6.6 million.

“We are turning in the construction and design and are ready to go to bid for a contract for construction,” Greene said. “Route alignment is really no longer an option. We need to secure the right of way.”

The city will continue to meet with Shoker and Osborne to try and come to an agreement before the March 18 meeting, Greene said.

City Council separately approved a resolution authorizing the city to submit grant applications to ODOT for Phase Six of the OATS. That phase, which will stretch from the Knolls of Oxford to Merry Day Park, across Route 27, along neighborhood roads and to the Black Covered Bridge, would complete the loop around Oxford. City Council approved a preliminary route alignment in December.