Bothell sought council feedback on eminent domain for 29 parcels along Bothell Way Phase 1

What the records say

The agenda packet for the Nov. 12, 2024 City Council special meeting included a study session (AB #24-177) on a proposed ordinance authorizing acquisition by condemnation—eminent domain—of property necessary for Phase 1 of the Bothell Way NE Multimodal Improvements Project. Staff sought council feedback only; no action was requested that night, and staff said they would return at an upcoming meeting for action on the ordinance. ¹ Phase 1 runs from Reder Way to approximately the 19300 block of Bothell Way NE and includes 29 parcels, a mix of temporary construction easements, permanent easements, and fee takes; the ordinance would list legal descriptions of each affected property. ¹ The city was appraising the properties, with impacts to be quantified in offers of just compensation, and said it intends to keep negotiating voluntary purchases even if the ordinance passes. ¹ The project has $47.6 million in secured grant funding, and the city faces an early right-of-way obligation deadline of June 1, 2025, with Phase 1 construction anticipated in 2027. ¹ The packet does not establish what the council did at the meeting. ¹

• The Nov. 12, 2024 study session covered a proposed condemnation ordinance for Phase 1 of the Bothell Way NE Multimodal Improvements Project (CFP Project T60), which spans Reder Way to 240th Street SE; Phase 1 acquisitions cover 29 parcels from Reder Way to approximately the 19300 block of Bothell Way NE. ¹
• The city has acquired $47.6 million in grants for the project ($19M RAISE, $21.6M STP, $7M Move Ahead Washington) and anticipates final NEPA review in spring 2025 ahead of a June 1, 2025 early right-of-way obligation deadline, with Phase 1 construction anticipated in 2027. ¹
• Under state and federal law the city must pay fair market value and negotiate in good faith; staff said they intend to continue negotiating mutually agreeable purchases even if a condemnation ordinance is adopted. ¹
• Staff plan to return to council in 2025 for a second condemnation ordinance covering the remaining parcels needed for Phases 2 and 3 of the project. ¹

Why it matters

Property owners along the corridor face potential acquisition of portions of their land, and the ordinance would give the city condemnation authority to keep the project on schedule and protect its grant funding. ¹ The 29 affected owners had already received seven-day notice of the study session and were promised at least 15-day notice before any council vote, with notice also published in the Seattle Times. ¹ Staff plan to return to council in 2025 with a second condemnation ordinance covering the remaining parcels for Phases 2 and 3, so the scope of takings along Bothell Way will grow beyond Phase 1. ¹

What changed / what's next

• The Nov. 12, 2024 agenda added a study session seeking council feedback on a proposed ordinance to acquire 29 Phase 1 parcels along Bothell Way NE by condemnation, with no action requested that night. ¹
• Staff said they would return at an upcoming meeting for action on the ordinance; the record gives no date for that meeting, and the packet does not establish the Nov. 12 meeting's outcome. ¹
• A second condemnation ordinance covering Phases 2 and 3 parcels is planned for 2025. ¹
• Compensation amounts had not been discussed prior to potential council action; appraisals were underway and offers of just compensation were to follow. ¹
• The available records do not establish the meeting's outcome.