02-18-2003 - Laserfiche WebLink

Commission Minutes--February 18, 2003 2560 8. RESOLUTION #2003-2, EstablishinQ minimum payment policy for riaht-of-way ,.-. MOTION, passed Mrs. Sorum moved and Mr. Bennett seconded to adopt Resolution #2003- 2, establishing minimum payment policy for right-of-way, as follows: On roll call vote, the motion carried unanimously. RESOLUTION #2003-2 Highway Easement Payments WHEREAS, the North Dakota Century Code defines an easement as " a charge or burden upon one estimate, the servient, for the benefit of another, the dominant"; and WHEREAS, the Cass County Highway Department has in the course of repairing and maintaining county roads and bridges an interest in claiming the rights to easements and rights-of-way under the North Dakota Century Code Collateral References that reads: "Conveyance of land as bounded by road, street, or other way as giving grantee rights in or to such a way"; and WHEREAS, the Cass County Commission will establish a payment of $ 200.00 per landowner, per project for Temporary Construction Easement rights; and WHEREAS, the Cass County Commission will establish a payment of $ 500.00 per landowner, per project for a Permanent Easement or Right-of-Way; and '" WHEREAS, the Cass County Commission establishes that the maximum amount to be paid to a single ownership is $ 500.00, regardless of the number, variety, or size of parcels acquired; and WHEREAS, the Cass County Commission realizes that if the above written terms are not acceptable to the landowner, they have the right to donate their land or have the parcel appraised for the purpose of determining fair market value and just compensation in accordance with current federal highway regulations; and WHEREAS, the Cass County Commission establishes that an appraisal of a parcel is unnecessary if the valuation problem is uncomplicated and the fair market value is estimated at $2,500 or less, based on a review of available data, and in accordance with 49 CFR Part 24. Now, therefore, it is hereby resolved, by a unanimous vote of the Cass County Commission that this resolution determining the amounts ot payments tor easements and rights-ot-way will be effective February 18, 2003. Dated at Fargo, North Dakota, this 18th day of February, 2003. ,.-. 9. RESOLUTION #2003-3, EstablishinQ fencinQ payment policy MOTION, passed Mrs. Sorum moved and Mr. Bennett seconded to adopt Resolution #2003- 3, establishing a fencing payment policy, as follows: On roll call vote, the motion carried unanimously.