CHAMPAIGN – Five property owners who have yet to sell their land to the city for the Boneyard Creek Second Street detention project could be faced in coming months with eminent domain lawsuits to take their property.

The city council will be asked Tuesday night to allow the city manager to file eminent domain lawsuits against the five property owners, if the property owners do not sell to the city within 60 days of receiving a final offer.

The city council also will be asked to authorize a request to the Illinois General Assembly to approve "quick-take" legislation. If approved, it would allow the city to get title to the properties at the beginning of the court process to determine value, rather than at the end.

The council meets at 7 p.m. at the Champaign City Building, 102 N. Neil St. A public hearing on the proposed quick-take legislation will be held at the beginning of the meeting.

Work on the nearly $18 million second phase of the Boneyard detention project will begin this summer in Scott Park. An underground storm sewer will be added in the park, while retaining a surface stream, to convey rain water through the park.

Next year and in 2010, two detention basins will be built along Second Street between Springfield Avenue and University Avenue. The project will result in 100-year flood protection through Campustown and from Scott Park north to Clark Street.

Work will also be done in 2010 to increase flood protection to the 50-year storm level for the Springfield Avenue, Logan Street and Chester Street railroad viaducts.

The city needs 37 properties to move forward on the project, and has acquired 29. Another two are owned by the Champaign Park District, which is cooperating in the project.

That leaves six, and a contract is being put together for one of those.

According to the city, that leaves five properties that must be acquired: student rental housing at 111 E. White St.; a parking lot at 112 E. Clark St.; a 10-unit apartment building at 108 E. Stoughton St.; a vacant lot at 201 1/2 E. University Ave.; and a vacant lot at 201 E. University Ave.

City Attorney Fred Stavins said that under quick-take authority, the court would require the condemning authority, in this case the city, to deposit the initial fair-market value of the property as determined by an appraisal with the court and that the owner could withdraw the money while the final settlement price is litigated. Stavins said the city has obtained quick-take authority in the past for the Curtis Road and Windsor Road projects and Olympian Drive.

Also Tuesday, the council will consider giving the mayor the authority to raise the bar entry age to 21 under emergency conditions.