2. Road Dept condemnation of Co. 16
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2. Road Dept condemnation of Co. 16
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<br />CA.s5cOVNlY' <br />GOVERNMENT <br />... <br /> <br />Highway <br />Department <br /> <br />Keith [\ Berndt, rE. <br />County Engineer <br /> <br />Ridwd 5. 5ieg <br />5uperinten,Jent <br /> <br />Thomas B. 5< lUCY, rE. <br />Design and Construction <br />Super\'i~( 11' <br /> <br />1201 Main Avenue West <br />West Fargo, North Dakota <br />58078- 1301 <br /> <br />701-298-2370 <br />Fax 701-298-2395 <br /> <br />DEe 1 '\ 200fj <br /> <br />MEMORANDUM <br /> <br />.':.'., GiJUNH GO:;;;:'.;".:; <br /> <br />TO: <br /> <br />('ass ('ounty Commission <br /> <br />FROM: <br /> <br />K~ith B~mdt. County Engineer <br /> <br />DATE: December 19. 2006 <br /> <br />SUBJECT: Agenda I opic for .January .2. 20117 i\lceting: <br />Condemnation of Right of Way for ('ass 16 improvements <br /> <br />Our 2007 highway projects include completion of the ditch slope <br />improvements to two miles of Highway 16 West of Davenport. We've <br />successfully negotiated the purchase of several parcels necessary to <br />accommodate the road widening. We've been unable to successfully <br />negotiate the purchase of a parcel owned by Leland Hans. <br /> <br />The County currently has a road easement for 40 feet measured from the <br />center of the road. The existing 40 foot easement includes the 33 foot <br />statutory easement and an additional 7 feet that was acquired in 1937. The <br />project requires an additional 40 feet for a total of 80 feet. Mr. Hans does <br />not object to the per acre price oflered for the property for the 40 feet. but <br />feels he should also be compensated tor the 7 t~)ot casement that was <br />previously acquired. <br /> <br />The 7 foot by one half mile parcel in dispute amounts to only .42 acres so <br />the dollar value !!1 dispute is very ::mal!. However. but the precedent of <br />paying for land that was previously acquired is signiticant. For that reason <br />I'm recommending condemning the property. <br /> <br />SUGGESTED MOTION: Adopt resolution declaring the necessity of the <br />taking of land in Davenport Township and directing a special Board <br />consisting of the County Auditor. County Treasurer. and County Recorder <br />to fix the damages for the taking. <br /> <br />!',i\dllljll.Ell!!\COOlllJl~~I011 co""P..'lI'l', -\::"l.1;. flk:'''' 1\ r !l", I III '''mJcrm:.t\hHJ >bll~ land I,,, <br /> <br />"'~~ <br />
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