DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action
TITLE
title
Settlement Authority For Acquisition Of Certain Property Rights Necessary For County Project 91-030
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PURPOSE/ACTION REQUESTED
Hold a closed executive session.
SUMMARY
The Dakota County Attorney has advised that prior to closing a County Board meeting, pursuant to the Open Meeting Law, Minn. Stat. Ch. 13D, the County Board must resolve by majority vote to close the meeting.
RECOMMENDATION
recommendation
The County Manager has recommended that a closed executive session be held pursuant to attorney-client privilege during the Dakota County Board meeting of July 29, 2025, to discuss the following:
• the legal strategy of accomplishing Dakota County’s acquisition of certain property rights from Elmegca Farm.
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EXPLANATION OF FISCAL/FTE IMPACTS
Fiscal impact will be discussed in closed session.
☒ None ☐ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, Dakota County (the County) is proceeding with County Project (CP) 91-030 in Douglas Township to provide a safe and efficient transportation system; and
WHEREAS, CP 91-030 consists of the reconstruction of the roadway of County State Aid Highway (CSAH) 91 (Nicolai Avenue) to modern standards and will include new culverts, improved drainage, treatment of storm runoff, widened shoulders, and new turn lanes; and
WHEREAS, the Project requires acquisition of right-of-way from 29 privately-owned parcels of real property, including Parcels 31, 32, and 33 owned by Elmegca Farm, as identified by Dakota County Right of Way Map No. 509; and
WHEREAS, Parcels 31, 32, and 33 are subject to ongoing eminent domain proceedings by the County; and
WHEREAS, on July 22, 2025, the Dakota County Attorney's Office (CAO) provided a confidential memorandum to the Dakota County Board of Commissioners explaining the legal strategy for accomplishing the County's acquisition of the property rights identified in Dakota County Right of Way Map No. 509 as Parcels 31, 32, and 33; and
WHEREAS, after review of the information contained in the confidential memorandum the County Board determined a closed session discussion with the CAO was not required prior to providing the requested authority.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the full and final settlement with Elmegca Farm for the acquisition of property rights identified by Dakota County Right of Way Map No. 509 as Parcels 31, 32, and 33 for a total amount of $241,500 as being in the best interest of the County, and authorizes the County Attorney to arrange for final payment of the acquisition amount and to effectuate final settlement of the acquisition.
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PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: None.
BOARD GOALS
☐ Thriving People ☐ A Healthy Environment with Quality Natural Resources
☐ A Successful Place for Business and Jobs ☒ Excellence in Public Service
CONTACT
Department Head: Heidi Welsch
Author: Jeni Reynolds