Doland gets Answers from County Attorney
Mahaska County Supervisor Mark Doland
by Aaron Riggs
County Supervisor Mark Doland is looking for answers in regards to the proposed regional airport near Leighton.Doland was elected as supervisor this past January with large support from residents in the Leighton area. He campaigned with a stance opposing the use of Eminent Domain as a means to acquire land for the airport. And that was the basis for questions he recently asked the Mahaska County Attorney about the airport development.
Once a regional airport site is selected and a Master Plan and Environmental Assessment is approved, the land will need to be acquired in order to move forward with construction. That acquisition will occur in two ways. Through agreements with land owners or by the use of Eminent Domain, which is a legal process used to allow governments to gain ownership of private property.
Officials don’t expect the acquisition process to begin until 2015. When governments use eminent domain, the governing body that has jurisdiction of the land will vote to use it. In this case, the airport is on county land so, the mahaska county supervisors would vote on the use of eminent domain. However, in the 28-E sharing agreement voted on by Mahaska County, the City of Oskaloosa, and the City of Pella… it states the Airport Agency “may acquire real property.. ..by use of the power of eminent domain”.
So when county supervisor Doland asked the County Attorney if the Airport Agency can exercise eminent domain power, the answer came back as “Yes” and concluded the question by saying “All three participants to the agreement have conferred upon the Agency their eminent domain authority”. But Supervisor Doland has doubts about the county attorney’s interpretation of the law.
“This isn’t the only legal opinion that’s been put forward on this issue and there is conflicting information out there… I believe there still will be a vote in Mahaska County at the board of supervisors desk that would determine whether we’re going to condemn land or not… we’ll be optimistic and hope that it doesn’t have to be. But if there ever did come a vote then there would be a ‘no’ vote from Mr. Doland,” says Supervisor Mark Doland.
Doland said he is a supporter of those that oppose the regional airport, but is not a spokesperson nor advisee.
“I’m not a direct member of their group, just to be in full disclosure. I don’t give them any advice, they have an attorney that works for them and they have a public relations firm that works for them. They take their advice from them,” says Doland.
Advice that may or may not include finding mutual agreement between the agency and landowners. Something Doland hopes both can do.
“A way to come to the table and do so in a manner that would be beneficial to both sides. I would hope they could come to an agreement,” says Doland.
If you would like to read the answers to all five of the questions Doland asked the county attorney you can do so by CLICKING HERE. The next SCRAA board meeting will be at 6:00 pm on May 23rd at the George Daily Auditorium in Oskaloosa. During the meeting the board is expected to select one of the three proposed airport sites to move forward with development.
