DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Authorization To Initiate Quick-Take Condemnation For County State Aid Highway 91 In Miesville And Douglas Township, County Project 91-030
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PURPOSE/ACTION REQUESTED
Authorize quick-take condemnation of right of way necessary for County Project (CP) 91-030 in Miesville and Douglas Township.
SUMMARY
To provide a safe and efficient transportation system, Dakota County is proceeding with CP 91-030 (Attachment: Location Map), which consists of the reconstruction of the roadway of County State Aid Highway (CSAH) 91 (Nicolai Avenue). The existing roadway condition and history indicate the need for reconstruction. The new roadway will be constructed to modern standards and will include new culverts, improved drainage, treatment of storm runoff, widened shoulders, and new turn lanes. Construction is scheduled for 2026.
The County Board previously approved the right of way acquisition for projects included in the 2025 Transportation Capital Improvement Program per resolution 25-052. This board action included authorization to make first offers based on appraised values and delegated settlement authority to the County Manager.
Dakota County is the lead agency for CP 91-030 design and right of way acquisition. Acquisition of right of way from 29 private parcels (Attachment: Acquisition Map) is needed to move forward with CP 91-030. Valbridge Property Advisers has completed appraisals with a total appraised value of $672,550. Offers were sent to property owners on February 4, 2025. County staff is currently in ongoing direct negotiations with property owners to reach a settlement.
If timely acquisition by direct negotiation of all required parcels does not appear possible, staff recommends that the County Board authorize the County Attorney’s Office to initiate quick-take condemnation of the remaining parcels. Efforts will be made to negotiate agreeable settlements before and after the start of the condemnation process.
RECOMMENDATION
recommendation
Staff recommends authorization for potential condemnation for right of way necessary for CP 91-030.
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EXPLANATION OF FISCAL/FTE IMPACTS
☒ None ☐ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, to provide a safe and efficient transportation system, Dakota County is proceeding with County Project (CP) 91-030; and
WHEREAS, CP 91-030 is the final design engineering of the reconstruction of County State Aid Highway (CSAH) 91 (Nicolai Avenue) in Miesville and Douglas Township; and
WHEREAS, Dakota County is the lead agency for CP 91-030, with right of way acquisition necessary in 2025 for construction to begin in the spring of 2026; and
WHEREAS, the County has been utilizing public engagement for this project, which was initiated with a public open house hosted on June 4, 2024; and
WHEREAS, the acquisition of 29 private property parcels identified in Dakota County Right of Way Map No. 509 by the County is necessary to move forward with the CP 91-030:
PARCEL OWNER
1 EL MEGCA FARM 1,524 (PE)
3 ROGER A. FOX AND PATRICIA A. FOX 307 (PE)
4 ROGER A. FOX AND PATRICIA A. FOX 858 (PE)
5 DAVID AND LOUANN BRAUN 3,679 (PE)
6 DILLON T. CORRINGTON 2,959 (PE)
7 LANCE A. & VIRGINIA NICKERSON 4,087 (PE)
8 EDWARD & TIMOTHY NIEBUR PARTNERSHIP 23,188 (PE) 10,901 (TE)
9 STEVEN L. & GINANN MATSCH 4,780 (PE) 1,081 (TE)
10 DALLEN E. & SHARON BAUER 58,271 (PE) 12,970 (TE)
11 ROBERT 0. & JULIE A. FOX 29,598 (PE) 5,130 (TE)
12 JULIE A. FOX 20,850 (PE) 6,744 (TE)
13 JULIE A. FOX 2,343 (PE)
14 RILEY R. EDDY 4,731 (PE) 993 (TE)
15 JUSTIN R. FOX AND JULIE A. FOX 3,300 (PE)
16 JAY R. & ANNA R. BAUER 25,233 (PE) 1,283 (TE)
21 DALLEN & SHARON BAUER AND KATHLEEN M. BAUER 5,784 (PE)
22 SUSAN E. DAHN 246 (PE)
23 CHRISTINE ANN SCHAFFER 13,595 (PE)
24 MJC FAMILY LIMITED LIABILITY PARTNERSHIP 14,165 (PE)
25 MJC FAMILY LIMITED LIABILITY PARTNERSHIP 30,072 (PE) 3,536 (TE)
26 MJC FAMILY LIMITED LIABILITY PARTNERSHIP 7,260 (PE)
27 ELMEGCA FARM, LLP 24,265 (PE) 6,344 (TE)
28 JASON & JESSICA SCHAFFER 5,485 (PE)
29 GEORGE L. SCHAFFER 2,720 (PE) 1,705 (TE)
30 ALLEN E. & SHARON A. SCHAFFER 2,720 (PE) 1,251 (TE)
31 EL MEGCA FARM 43,000 (PE) 7,915 (TE)
32 EL MEGCA FARM 28,701 (PE) 724 (TE)
33 EL MEGCA FARM 17,929 (PE) 2,346 (TE)
34 RIVER COUNTRY COOPERATIVE 6,872 (PE) 6,067 (TE)
; and
WHEREAS, the parcels have been appraised, and offers were prepared and sent for a total appraised value of $672,550; and
WHEREAS, in the event that timely acquisition by direct negotiation of all required parcels does not appear possible, it is necessary for the County Board to authorize the County Attorney’s Office to initiate quick-take condemnation of the remaining parcels to allow for a spring 2026 start date; and
WHEREAS, parcels that have settled through negotiation prior to the date required for filing the condemnation petition will not be included.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Attorney’s Office to initiate quick-take condemnation of the remaining parcels to allow a spring 2026 start date in the event that timely acquisitions by direct negotiations of all parcels do not appear possible.
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PREVIOUS BOARD ACTION
25-052; 01/21/25
ATTACHMENTS
Attachment: Project Location Map
Attachment: Acquisition Map
BOARD GOALS
☒ A Great Place to Live ☐ A Healthy Environment
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACT
Department Head: Erin Laberee
Author: Kevin Krech