01d. OIN 214 Bailly Robert
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01d. OIN 214 Bailly Robert
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4. NDCC § 61-16.1-09(2)(b)(1)(b)[3] requires CCJWRD to send Landowner a written <br />notice of intent to take possession of the right of way easement and easement for term <br />of years, by certified mail or commercial delivery requiring a signed receipt [if the <br />parties have not come to an agreement within 30 days of Landowner’s receipt or notice <br />of CCJWRD’s invitation to a meeting]. <br />• Did CCJWRD verify it sent a written notice of intent to take possession of the right <br />of way easement and an easement for term of years by certified mail or commercial <br />delivery, and that Landowner either signed for the notice or had constructive notice: <br />_______ <br />5. NDCC § 61-16.1-09(2)(b)(2) requires all written communications to Landowner to <br />include contact information for responding to CCJWRD and a description of the <br />required negotiation timeline. <br />• Did CCJWRD verify that all written communications to Landowner included <br />contact information for responding to CCJWRD and a description of the required <br />negotiation timeline: _______ <br />6. NDCC § 61-16.1-09(2)(b)(3) prohibits a district from including or utilizing any <br />reference to quick take eminent domain during negotiations. <br />• Did CCJWRD verify it did not include or utilize any reference to quick take <br />eminent domain during negotiations: _______ <br />If the Commission answers in the affirmative to the above questions, <br />RECOMMENDED MOTION: <br />• I move to authorize the Cass County Joint Water Resource District to utilize quick <br />take eminent domain under Section 61-16.1-09(2) of the North Dakota Century <br />Code to take an easement for a right of way and easement for term of years <br />regarding OIN 214. <br />Page 3 of 35 10/18/2021
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