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<br />Commission Minutes--July 5, 2005 2923 <br /> <br />Mr. Wagner said the board has a process available through the statutes that should be <br />followed in order to provide future infrastructure upgrades. He said it is important for the <br />county to be consistent in offering fair market value. A special board consisting of the <br />county auditor, county treasurer and county recorder is the next step in the process and <br />they will meet to determine the amount of damages for taking the land for road right of way. <br />Mr. Montplaisir said the landowners have the option to take the matter to the District Court if <br />they feel the amount determined by the special committee is unacceptable. <br /> <br />Mr. Pronovost said removing the culvert in the middle of the road would be a move in the <br />right direction for them. On the drainage issue, Mr. Berndt said there is an existing <br />centerline culvert through the road because, generally, roads should not act as dikes. He <br />did agree to put a larger culvert in their field access and reshape the ditch in an effort to <br />divert some of the water; however, Mr. Berndt feels it would be an injustice if the centerline <br />culvert is removed because it serves as a function for a number of people to the south. He <br />said the County Highway 14 improvements will help ease the traffic flow when future road <br />work is done on Cass 17. <br /> <br />Mr. Vanyo asked if a delay in the project would jeopardize funding, and Mr. Berndt said the <br />funding through the North Dakota Department of Transportation will not be forfeited if the <br />board wishes to defer the project for a year. <br /> <br />Mrs. Sorum believes the project is important because it will reduce some of the traffic on <br />County Highway 17, and she agrees with the appraisal process that the county follows. She <br />does, however, favor taking time to review this drainage issue again on County Highway 14. <br />MOTION, passed <br />Mr. Bennett moved and Mr. Pawluk seconded to delay a decision on <br />the condemnation proceedings for the County Highway 14 project until <br />the next commission meeting. Discussion: Mr. Wagner asked what <br />direction this gives the county engineer before the next meeting, and <br />Mr. Bennett suggested that the parties involved get together and <br />possibly present a resolution of the situation that the board could <br />address. If not, the board will have to make a decision. Mr. Berndt <br />said the road advisory committee decided last August to proceed with <br />this project, and the appraisal process began almost immediately. <br />Because of the length of time it has taken, Mr. Berndt said a second <br />appraisal or review appraisal has been hired. Also, in this instance, <br />the county director of equalization attended a number of meetings to <br />review those appraised values, which is like a third opinion. Mr. <br />Berndt said the process has taken a long time and that is why he <br />asked the board to approve the construction contract at the same time <br />as trying to buy the land. Mr. Vanyo said he favors putting this item <br />back on the next commission agenda; and he asked Mr. Pronovost to <br />provide information and suggestions on what might change and how <br />he feels the land should be valued. At the call for the question and on <br />roll call vote, the motion carried with four members voting "Aye" and <br />Mr. Wagner opposing. <br />