City attorney warns of legal risks if right‑of‑way maps and petitions don't match for condemnation

Staff and the city's attorney briefed the council on risks tied to right‑of‑way and condemnation procedure for the SR‑331 widening project after the decision to combine phase 1 and 2. The attorney said a petition for condemnation must include a project resolution and reliable right‑of‑way maps that match the petition; courts have rejected petitions tied to outdated maps or imprecise legal descriptions.

The attorney emphasized the procedural and timing risks if state land is involved, and urged caution before filing to ensure maps and legal descriptions are final. The attorney said the city typically needs plans in a state between roughly 60–85% for pleading purposes but warned that inconsistent right‑of‑way maps attached to a petition can be a jurisdictional defect requiring a restart of the condemnation action.