DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action
TITLE
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Closed Executive Session: Legal Strategy For Acquisition Of Property Interests From Felton Nora L. Felton/Felton Family Farms, LLLP In Randolph Township For County Project 88-24
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RESOLUTION
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WHEREAS, to improve safety, operations, and capacity along the Project corridor, Dakota County proceeded with and completed County Project (CP) 88-24; and
WHEREAS, CP 88-24 reconstructed a segment County State Aid Highway (CSAH) 88 from State Trunk Highway (TH) 52 to TH 56 (Randolph Blvd.) to address pavement quality, safety, and operational issues by improving drainage, modifying access, improving sight angles, and adding turn lanes; and
WHEREAS, to construct CP 88-24, the County had to acquire certain property rights from Nora L. Felton/Felton Family Farms, LLLP, identified as Parcel 2, TE 2, Parcel 3, TE 3, Parcel 4, TE 4, DU 4, Parcel 5, TE 5, Parcel 6, TE 6, DU 6, Parcel 22, TE 22, DU 22, Parcel 23, TE 23 and DU 23 according to Dakota County Right-of-Way Map No. 495, as recorded in the Office of the Dakota County Recorder (collectively “Felton Parcels”); and
WHEREAS, the County commenced a condemnation proceeding in 2023 to acquire those property rights necessary to complete the CP 88-24, including highway easements, drainage and utility easements, and/or temporary construction easements upon, over and across the Felton Parcels (Dakota County Court File No. 19HA-CV-23-2169); and
WHEREAS, Dakota County District Court granted the County title and possession of the easement areas for purposes of completing CP 88-24 and appointed commissioners to ascertain and report to the Court the amount of damages sustained by the owner of said lands on account of said taking; and
WHEREAS, the Dakota County Board of Commissioners seeks legal advice from the County Attorney with respect to the strategy of accomplishing the acquisition of the property rights relating to the Felton Parcels for CP 88-24 the public disclosure of which would benefit the landowners to the detriment of Dakota County’s position in this matter; and
WHEREAS, pursuant to Minn. Stat. §13D.05, subd. 3(b), the County Board by resolution may close a meeting as permitted by the attorney-client privilege.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby closes the County Board meeting on July 7, 2026, and recesses to Conference Room 3A, Administration Center, Hastings, Minnesota, to discuss with the County Attorney the legal strategy of accomplishing Dakota County’s acquisition of certain property rights from Nora L. Felton/Felton Family Farms, LLLP, as identified by Dakota County Right of Way Map No. 495 as Parcel 2, TE 2, Parcel 3, TE 3, Parcel 4, TE 4, DU 4, Parcel 5, TE 5, Parcel 6, TE 6, DU 6, Parcel 22, TE 22, DU 22, Parcel 23, TE 23 and DU 23 for County Project 88-24.
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BACKGROUND
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 7, 2026, to discuss the following:
• Legal strategy of accomplishing Dakota County’s acquisition of certain property rights from Nora L. Felton/Felton Family Farms, LLLP, as identified by Dakota County Right of Way Map No. 495 as Parcel 2, TE 2, Parcel 3, TE 3, Parcel 4, TE 4, DU 4, Parcel 5, TE 5, Parcel 6, TE 6, DU 6, Parcel 22, TE 22, DU 22, Parcel 23, TE 23 and DU 23 for County Project 88-24.
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FINANCIAL AND STAFFING IMPACTS
Fiscal impact will be discussed in closed session.
PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: None.
CONTACT
Department Director: Heidi Welsch
Author: Jeni Reynolds