The Delta City Council has exercised its power of eminent domain after several unsuccessful attempts to contact the owner of parcels needed for construction of the alternate truck route.

The property is located south of Highway 348 between the Uncompahgre River and the Union Pacific Railroad tracks, and adjoins the onion sheds.

The seven parcels total more than three acres and are owned by Family Household Trust. A law firm in Florida serves as trustee.

City attorney Mike Schottelkotte said numerous attempts to contact the trustee with offers to purchase the property were not answered. Further efforts to negotiate a conventional purchase of the property from the "uncommunicative" trust are considered to be futile. For that reason, city council concluded that the exercise of the city's power of eminent domain was the only practical means for acquiring unencumbered title to the property.

The action by city council was unusual. The city has been able to come to terms with property owners for all the other right-of-way acquisitions which have taken place over the past several years.