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Minot gets ready for potential eminent domain

The city of Minot may soon be looking for an attorney to handle eminent domain proceedings associated with the flood protection project.

The Minot City Council’s Finance and Improvements Committee on Tuesday voted to recommend the council proceed with bidding for legal services. City finance director Cindy Hemphill said the city is not at the point of going to court on any eminent domain proceedings, but the city is preparing for the possibility of that happening.

So far, the city has been making offers for voluntary acquisition of properties in the footprint of the flood control project. If a property owner elects not to sell, the city has moved on to the next property on the list. The city has assigned consultant CDM Smith and the Swanson & Warcup law firm to conduct the purchase process. Money for acquisitions has come from the federal Community Development Block Grant-Disaster Recovery program and North Dakota State Water Commission.

The need to acquire properties in footprint is becoming more urgent. The design and environmental reviews for the first three phases of the flood control project are to be completed in 2016, allowing construction to start in 2017.

Earlier this fall, the city sent letters to 23 property owners, who declined voluntary acquisition, as a first step in the eminent domain process. The next step involves appraisals so fair market value offers can be presented to the owners, who can negotiate those offers. Only in cases where no agreement can be reached will the settlement be left to the court. Several property owners responded to the initial letters with interest in negotiation.

There are 113 properties in the footprint of the Railway Avenue, Napa Valley and Forrest Road phases, and most have been acquired or are in the process of being purchased.

In other business Tuesday, the finance committee voted to recommend the city purchase the property at 338 Walders Street as a location for the entrance to a city’s greenway, proposed in the city’s application in the National Disaster Resilience Competition. Other nearby properties are being purchased for the flood control project, leaving this property as the only one left on the south side of the street.

The city negotiated a price of $245,000, which will come from the highway debt fund.

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