DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action
TITLE
title
Authority To Proceed With Legal Strategy Regarding Court Appointed Commissioners’ Award In County Of Dakota v. Mortgage Electronic Registration Systems, Inc., et al. (19HA-CV-21-317) Associated With Dakota County’s Acquisition Of Certain Property Rights From Falcon Development, LLC Identified In Dakota County Right Of Way Map No. 471 As Parcel 25, DU 25, TE 25, Parcel 26, DU 26, TE 26, Parcel 27, DU 27 And TE 27 For County Projects 26-54 And 63-27, And Potential Appeal Thereof
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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 December 2, 2025, to discuss the following:
• Legal strategy regarding the court appointed commissioners’ award in County of Dakota v. Mortgage Electronic Registration Systems, Inc., et al. (19HA-CV-21-317) associated with the Dakota County’s acquisition of certain property rights from Falcon Development, LLC identified in Dakota County Right of Way Map No. 471 as Parcel 25, DU 25, TE 25, Parcel 26, DU 26, TE 26, Parcel 27, DU 27 and TE 27 for County Projects 26-54 and 63-27.
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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, in 2024, Dakota County (County) completed County Projects (CP) 26-54 and 63-27 in Inver Grove Heights and Eagan to provide a safe and efficient transportation system; and
WHEREAS, to construct the project, the County acquired certain property rights by eminent domain proceedings from Falcon Development, LLC (Owner) identified by Dakota County Right of Way Map No. 471 as Parcel 25, DU 25, TE 25, Parcel 26, DU 26, TE 26, Parcel 27, DU 27 and TE 27; and
WHEREAS, thereafter the County and Owner proceeded to a hearing in front of the court-appointed condemnation commissioners to determine the amount of just compensation due the Owner for the property rights acquired, with said commissioners issuing their award on November 12, 2025; and
WHEREAS, the Dakota County Attorney’s Office provided a confidential memorandum to the Dakota County Board of Commissioners explaining the legal strategy regarding the award and potential appeal thereof; and
WHEREAS, after review of the information contained in the confidential memorandum, the County Board determined a closed session discussion with the County Attorney's Office was not required prior to providing the requested authority.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Attorney's Office to proceed with the legal strategy as to the court appointed commissioners’ award in County of Dakota v. Mortgage Electronic Registration Systems, Inc., et al. (19HA-CV-21-317) associated with the Dakota County’s acquisition of certain property rights from Falcon Development, LLC identified in Dakota County Right of Way Map No. 471 as Parcel 25, DU 25, TE 25, Parcel 26, DU 26, TE 26, Parcel 27, DU 27 and TE 27 for County Projects 26-54 and 63-27, and potential appeal thereof, consistent with the authority requested in the confidential memorandum to the County Board.
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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