DEPARTMENT: Physical Development Administration
FILE TYPE: Consent Action
TITLE
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Approval Of Right Of Way Acquisition For Projects Included In 2025 Transportation CIP, Authorization To Make First Offers Based On Appraised Values And Delegated Acquisition Settlement Authority
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RESOLUTION
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WHEREAS, to provide a safe and efficient transportation system, Dakota County is proceeding with projects included in the 2025 Transportation Capital Improvement Program (CIP); and
WHEREAS, Dakota County is the lead agency for right of way acquisition necessary in 2025 for construction to begin in 2026; and
WHEREAS, the acquisition of property interests, such as fee title and temporary and permanent easements, from private property parcels identified in Dakota County 2025 Transportation CIP projects by the County is necessary to deliver and construct the projects during the programmed year; and
WHEREAS, all valuations of the property interests to be acquired are based upon independent valuation reports; and
WHEREAS, delegation of authority to approval appraisals of value and all first offers being made to the property owners by the Director of Physical Development or their designee will allow for more time for property owners to review the County’s offers and resolved the acquisitions before eminent domain may be necessary; and
WHEREAS, in the event that timely acquisition by direct negotiation of all required parcels does not appear possible, staff will seek County Board authorization for the County Attorney’s Office to initiate quick-take condemnation of the remaining unsettled parcels;
WHEREAS, by Resolution No. 11-241 (May 18, 2011), second resolving clause at item 13, the County Board delegated authority to the County Manager to may acquisition payments of $10,000 in excess of the County Board’s approved appraisal to settle right of way acquisitions;
WHEREAS, Staff recommends that Resolution No. 11-241 (May 18, 2011), second resolving clause item 13, be rescinded and replaced with authority to for the County Manager to make payments for property interests necessary for the County’s Capital Improvement Program in an amount up to $30,000 in excess of the County approved appraised value, upon determination that the payment is reasonable, prudent and in the public’s best interest, but not to exceed an award by the condemnation commissioners or court.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Director of Physical Development or their designee to approve appraisals of value and to make initial offers based on appraised value for any right of way acquisitions needed for 2025 Transportation Capital Improvement Program projects.
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby rescinds item 13 in the second resolving clause of Resolution No. 11-241 (May 18, 2011) delegating authority to may payment for right of way acquisitions and authorizes the County Manager to make payments for property interests necessary for the County’s Capital Improvement Program in an amount up to $30,000 in excess of the County approved appraised value, upon determination that the payment is reasonable, prudent and in the public’s best interest, but not to exceed an award by the condemnation commissioners or court.
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