The red squares show where the county is seeking land from Park Ranch Holdings along the Muller Lane Parkway right-of-way. North is to the left.
The owner of Park Ranch Holdings is asking supporters to provide public comment opposing a move to use eminent domain to acquire .7 acres of right of way along Muller Lane Parkway.
“Park Ranch asks those in favor of designating Muller Parkway as an emergency access route for first responders and requiring the county to build the regional drainage ditch that was promised to the public in the Development Agreement to show their support by speaking out,” David Park said on Monday.
An assessment prepared on behalf of Douglas County indicates the property would cost $186,900.
The additional property is required because the land dedicated for Muller Parkway is encumbered by an irrigation ditch along portions of the right-of-way, according to the county. At the recent budget hearings, the cost of Muller Parkway across the property was up to a total of $16.8 million.
Douglas Water Conveyance member Frank Godecke has pointed out on a few occasions that the stakes for the right-of-way show it’s right in the middle of the Lower Old Virginia Canal.
Park provided public comment to county commissioners as part of the meeting decrying a three-minute time constraint.
Park said the ordinance approved in 2019 showed that the county agreed to install a drainage channel between Muller Parkway and the Virginia Ditch.
“The board, Park Ranch and the public were promised something that the county is now refusing to deliver — namely a drainage ditch that solves regional flood problems from Pinenut and Buckeye Creeks,” Park said. “If the county did not renege on its commitment to build the drainage channel, there would be no need to adversely impact Park Ranch with flood water.”
Park signs off his public comment saying he’d see the county in court, indicating he plans to contest the effort.
“Because much of Muller is being constructed above existing ground level to redirect existing flood flows away from future development, there will be an increase in the base flood elevation by more than 1 foot in certain isolated areas on the eastern side of Muller Parkway,” according to the county. “This amount of increase is defined as an adverse impact by county code and the county should compensate the owner being adversely affected.”
The county and Park Ranch Holdings owner David Park have been at odds over the right-of-way. Park has filed complaints with the Federal Emergency Management Agency over the issue.
Park also sought an injunction to prevent the county from moving forward with the road, but was denied.
The county and the owners of a subdivision just north of Toler Lane are engaged in litigation, but county officials have said that won’t prevent them from completing their part of a development agreement that calls for the construction of the parkway across Park land by December.
According to a report included in Thursday’s agenda, the county contacted Park with an offer for the property. They alerted them that a public meeting on the issue would be Thursday, according to the report.
County officials are also seeking  a $50,000 contract with consultant Kimley-Horn to revise the published 100-year flow rate for Pinenut Creek from 5,150 cubic feet to 4,360 cubic feet.
“Adopting the lower flow rate would reduce the size of the existing flood plain and its depth,” according to the county. “That might help with flood control design and reduce the cost of infrastructure in the Pinenut Creek flood area.”