DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action
TITLE
title
Settlement Authority For Acquisition Of Certain Property Rights Necessary For County Project 78-10
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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 October 8, 2024, to discuss the following:
• the legal strategy in District Court File No. 19HA-CV-24-90 regarding Dakota County’s acquisition of certain property rights from Gerald and Naomi Wagenknecht; Mark and Rebecca Wagenknecht; and Wagenknecht Farms, Incorporated, identified by Dakota County Right of Way Map No. 475 as Parcels 13, 15, 16, 18, and 19 for County Project 78-10.
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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
body
WHEREAS, in 2021, Dakota County (County) completed County Project (CP) 78-10 in Castle Rock Township to provide a safe and efficient transportation system; and
WHEREAS, CP 78-10 reconstructed County State Aid Highway (CSAH) 78 (240th Street) to a paved 2-lane highway from Highway 3 to County Road 79 (Blaine Avenue) in Castle Rock Township. The project improved safety and operations along the highway and upgraded the driving surface from gravel to a paved condition along the project corridor; and
WHEREAS, to construct the project, the County acquired certain property rights by eminent domain proceedings from Gerald and Naomi Wagenknecht; Mark and Rebecca Wagenknecht; and Wagenknecht Farms, Incorporated (Owners) identified by Dakota County Right of Way Map No. 475 as Parcels 13, 15, 16, 18, and 19; and
WHEREAS, thereafter the parcels proceeded to a hearing in front of the court-appointed condemnation commissioners to determine the amount of just compensation due the landowners, with said commissioners issuing their award on November 29, 2023; and
WHEREAS, the County appealed from the award on January 9, 2024, and the Owners cross appealed; and
WHEREAS, the Dakota County Attorney’s Office provided a confidential memorandum to the Dakota County Board of Commissioners dated October 2, 2024, explaining the legal strategy following the appeal and upcoming jury trial; 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 settlement negotiations to acquire property rights identified in Dakota County Right of Way Map No. 475 as Parcels 13, 15, 16, 18, and 19, or proceed with litigation consistent with the authority requested in the confidential memorandum to the Board.
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PREVIOUS BOARD ACTION
None.
ATTACHMENTS
Attachment: None.
BOARD GOALS
☐ A Great Place to Live ☐ A Healthy Environment
☐ A Successful Place for Business and Jobs ☒ Excellence in Public Service
PUBLIC ENGAGEMENT LEVEL
☐ Inform and Listen ☐ Discuss ☐ Involve ☒ N/A
CONTACT
Department Head: Heidi Welsch
Author: Jeni Reynolds