The city of Denton is expected to pay out about $1 million to settle a long-running inverse condemnation case over power lines placed along Bonnie Brae Street in 2009.

Inverse condemnation is defined as government taking private property without fair compensation, which is required under the Fifth Amendment.

The property owners attorney, Charles Orsburn, asked Judge Doug Robison of the 393rd Judicial District Court to dismiss the case during a hearing Friday afternoon. But Robison said that he would retain the case on his docket for another 90 days.

All but three of the property owners have settled with the city in the past few months, according to court records. The city agreed to pay each property owner in exchange for dropping out of the lawsuit.

Orsburn told the judge that he and the citys attorneys have agreed to finish the last three property owners settlements even if the lawsuit is dismissed.

Weve got some subrogation of lien problems with banks out of California, Orsburn told the judge.

The city needs clear title to pay for an easement. Typically, the city works through any title issues in a condemnation case, according to Paul Williamson, the citys real estate manager.

But to settle inverse condemnation, the burden to convey clear title is on the property owners, Orsburn said in an interview after the hearing. Some of the lien holders havent been very cooperative, he added.

Without that condition satisfied, the three properties would end up in regular condemnation hearings, Orsburn said.

As it should have been in the beginning, he said. If I hadnt filed this lawsuit, these people wouldnt have received anything. The 2,000-pound gorilla rule no longer applies.

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City to pay about $1M to settle suit