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Dayton Report

Beavercreek City Council, October 26: Shakertown Road Land Rights Advance for 19 Parcels as 13 of 32 Owners Have Settled

Posted on November 4, 2026November 5, 2026 by Dayton Report

Written with the help of AI from the Beavercreek City Council agenda, Monday, October 26, 2026 and the meeting video.

What council did

This recap is based on the meeting video and the official agenda. It covers the meeting through the start of Resolution 26-53. Later agenda items, including the Tax Incentive Review Committee recommendation to continue the Greene Towne Center TIF, are not covered.

Council excused Council Member Litteral from the meeting by voice vote. It then amended the agenda to remove item K, Resolution 26-55, and item L, Ordinance 26-29, which concern one Shakertown Road property. The agenda was approved as amended. Council approved the minutes of the September 28 regular meeting and the October 19 joint work session. One member abstained on the work session minutes.

The agenda lists 19 parcels along Shakertown Road, each with a resolution declaring the need to acquire land rights and an ordinance to appropriate them. Appropriation means the city takes the property interest through the courts and pays the appraised value. Council approved Resolution 26-49 (3191 Shakertown Road), Resolution 26-51 (3170 Shakertown Road) and Resolution 26-52 (3160 Shakertown Road) by voice vote. No opposing votes were heard on the recording.

For Ordinances 26-24, 26-25 and 26-26, council voted to move each to a second reading as an emergency. The idea is that after the second reading each would take effect immediately, without the usual 30-day wait. The vote on each was by voice. The recording reaches Resolution 26-53, which concerns 658 Waverly Drive, but does not show a vote on it.

The Shakertown Road project and the ‘quick take’ process

The city’s legal counsel explained Ohio’s quick-take process for road widenings. The city files a petition in court and deposits the appraised value. Counsel said the city would get possession within a week or two, even if the case continues. Owners cannot contest the need for the taking, only the value. If the sides cannot agree, Greene County courts send the case to mediation before any jury trial.

Counsel said the emergency designation does not shorten public hearings. It only removes the 30-day wait before filing in court. Counsel said many cities are filing appropriations at the same time, that the city cannot file until the legislation is final, and that the filings need to be made by the end of the year. Counsel also said another road widening project, on Kemp Road, is expected to bring more such cases to council.

The city engineer said the project runs from Carthage Drive to Southern Bell Boulevard. It would widen Shakertown Road to three lanes with a two-way left-turn lane. It would add curb, gutter, enclosed storm sewer, a 5-foot sidewalk on the south side and an 8-foot sidewalk on the north side. It would also add rapid flashing beacons at the JL Drive and Southern Bell Boulevard crossings.

The project has a $2,407,500 federal CMAQ grant, applied for in 2022 and approved in 2023. CMAQ is a federal air-quality and congestion program. The grant covers construction only and requires a 25 percent local match. Design and right-of-way costs are paid locally. The engineer said that missing the schedule risks the grant funding.

On acquisitions, the engineer said the city has settled with 13 of the project’s 32 property owners. Verbal agreements are in place with two more, pending paperwork. All four parcels needing permanent right-of-way are settled, so the items before council are storm sewer easements and temporary easements. The owner keeps the land under an easement. The engineer said city crews would maintain the storm sewers at no cost to owners. Temporary easements are for grading and rebuilding driveways, and the areas will be graded and seeded afterward.

On traffic, the engineer said the last actual state count on this stretch was 3,570 vehicles a day in 2019, and the state’s figures for 2020 through 2025 are projections. City counts found 6,127 vehicles a day on March 31, 2026, and 5,772 on October 6 and 7. The engineer said the state’s growth estimates use statewide averages and predate the road’s connection to Factory Road and the completion of the super street.

What council members asked

Council Member Bales asked how many weeks the quick-take process takes and whether negotiations with owners could continue. Counsel said possession would come within a week or two. The engineer and counsel said negotiations continue, though after filing they would run through counsel’s office. Another council member said three owners had settled in the last two weeks, including one that morning, and that waiting as long as possible gave staff more time to negotiate. A staff member said notice letters went out in July.

For 3170 Shakertown Road, the engineer said the proposed sidewalk sits within existing city right-of-way. The owner will get a new driveway with a horseshoe-shaped turnaround. He said the owner asked for the turnaround at the August 2025 public meeting, and that a conventional turnaround was not feasible on a driveway sloping about 10 percent toward a basement garage. Council members confirmed the owner would keep the rest of her front yard. The owner then spoke. She said she would reject the project if she had a choice, but if it goes ahead she needs the horseshoe because of difficulty turning at her age.

What residents raised

Several residents objected to the emergency designation. One asked why it was needed when council did not meet on October 12, and asked whether it was the only lawful route. Counsel answered that it is not the only way the law allows, but that it is the practical way given the grant timing. The resident said the delay was the city’s own and accused council of inaction.

Another resident said he would file a records request about the city’s communications with its legal counsel. A Durham Court resident said the emergency approach could expose the city to lawsuits and limits residents’ ability to voice dissent. Asked about that, counsel said the city has used emergency ordinances for road widening projects based on timing, and that its charter permits it. A neighbor of the 3170 Shakertown Road property described the owners’ landscaped front yard and said it would be lost to the sidewalk and the horseshoe driveway.

The meeting had some tense moments. The mayor repeatedly asked speakers to limit remarks to the ordinance under discussion and to save broader comments for the citizen comment period. The next meeting date was not mentioned in the portion reviewed.

Source: Beavercreek City Council agenda, Monday, October 26, 2026. Meeting video: watch on YouTube.

By the numbers: Jobs in Montgomery County paid an average of $1,279 a week in Q1 2026 (BLS QCEW). See the data.

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