Jill Schramm/MDN The Open Gate church sits on property in the path of Minot’s proposed flood protection project. The city initiated eminent domain to acquire the property after a voluntary acquisition agreement couldn’t be reached.

Minot has begun exercising its eminent domain powers in connection with property acquisitions for a flood protection project, and the city is preparing for the potential that additional cases will arise.

The Minot City Council’s Finance and Improvements Committee is recommending the city seek proposals from law firms to handle future eminent domain cases. The city currently contracts with Swanson & Warcup, but that contract is set to expire June 30. The committee is suggesting a one-year extension on the existing contract to enable Swanson & Warcup to finish eminent domain cases currently in process.

The existing contract with Swanson & Warcup was for a maximum of $1.05 million and for no more than 30 properties.

The city has three active eminent domain cases in North Central District Court. The council also is being asked to authorize use of eminent domain related to another property at 1830 W. Burdick Expy. The property is owned by the Jean Ballantyne Trust.

Chris Owen, federal compliance officer with the city’s National Disaster Resilience Program, said the city continues to negotiate to obtain properties in the first four phases of the flood protection project. Fewer than 20 properties remain to be acquired, he said. Whether any of those will go through eminent domain is unknown at this point.

Existing cases also could be resolved through negotiations as talks are continuing even as the court process has started. Earlier this month, the city reached an agreement that allowed for the dismissal of the eminent domain case involving properties at 324 and 332 1st Avenue NW, owned by Jodi Blake. Ward County was involved in the proceedings due to its lien.

Eminent domain proceedings are in process for church property at 400, 410 and 414 N. Main St. Defendants are Robert Adkins, Higher Ground, Roy Leavitt, Open Gate Apostolic Ministries, River of Life Assembly of God in Bismarck and Spiritual Life Christian Fellowship Church. The case was filed last Sept. 22 and has been assigned to Judge Stacy Louser.

A second case was filed Sept. 28 against Todd and Roxanne Peskey, United Community Bank and the U.S. Small Business Administration regarding property at 1603 7th Avenue SW. The case is before Judge Gary Lee.

A case was filed Dec. 12 against Nathan and Jennifer Smith regarding property at 325 3rd Street NW. That case is before Louser.