07-05-2005 - Laserfiche WebLink

Commission Minutes--July 5, 2005 2922 Mr. Garaas provided copies of correspondence to each commissioner including a letter from his law firm to Keith Berndt, dated May 3, 2005; a copy of a letter from Mr. Berndt to John Goerger, Mayor of Horace, dated June 1, 2005; and documentation from Westlaw on court cases involving eminent domain and the right to just compensation. Mr. Burdick said it appears the county's position, in meeting with the Horace City Council, was to encourage the city to recognize the kind of principles this corridor study had in mind when it was developed and that they were valuable principles to guide planning for future generations. He thinks the efforts Cass County has been exercising to date have been primarily to reach an understanding on what would work for all parties involved. If it comes to a legal challenge, Mr. Burdick said the question would be what statutes apply and will the county apply the power of eminent domain. Today's proposed letter to Mr. Enno is about highway access and not eminent domain, he said. Some board members seemed reluctant to send the proposed letter to Mr. Enno, in view of today's discussion and more awareness of the issues. Mr. Burdick suggested that he meet with Attorney Jonathan Garaas and Attorney Daniel Twichell; and Mr. Vanyo encouraged them to discuss all of the issues and report back to the county commission. 12. ROAD DEPARTMENT, County Hiahway 14 condemnation proceedinas delayed Mr. Berndt provided a memorandum dated June 30, 2005 and two proposed resolutions declaring a public necessity to take property in Stanley Township owned by Gerald Pronovost, Patricia Constant and Ronnie Lee Joy for Cass Highway 14 improvements. Earlier today, Mr. Berndt said the board approved a contract for the construction with Gladen Construction, Inc.; and for that reason, timing is of the essence and that is the reason for the late addition to today's agenda. The project necessitated the purchase of 31 parcels of land, all of which have been appraised. Mr. Berndt recommends condemnation proceedings on two parcels where the Highway Department was unable to reach an agreement with the landowners, the Pronovost's and their daughter, Patricia Constant; and the owner of the second parcel could not be reached for several months. Mr. and Mrs. Gerald Pronovost, Fargo, were present and addressed the board on the amount of money being offered for their property. Mr. Pronovost said they should receive an additional amount for damages or added compensation due to the placement of a culvert they believe will flood their land while protecting the farmland south of them. Mrs. Pronovost said they feel their land is worth more because of drainage concerns and because of the location on 45th Street and 1 ooth Avenue South in terms of future development. Mr. Bennett asked what amount of money is being talked about for the drainage issue, assuming the price per acre seems fair to the landowner. Mr. Pronovost said they would agree to $5,000 per acre for three acres, as compared to $3,500 per acre because of the potential for drainage. Mr. Pawluk said he is reluctant to support a motion for condemnation and he does not want to force these people and others to sell their property. He suggested further review by the county engineer to find a resolution so everyone is in agreement on the project.