DEPARTMENT: Physical Development Administration
FILE TYPE: Regular Action
TITLE
title
Approval Of Right Of Way Acquisition For Projects Included In The 2025 Transportation CIP, Authorization To Make First Offers Based On Appraised Values And Delegated Acquisition Settlement Authority
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PURPOSE/ACTION REQUESTED
Approve and authorize the Real Estate Office (REO) to make first offers, based on appraised value, for any acquisitions needed for the 2025 Transportation Capital Improvement Program (CIP) projects.
SUMMARY
Dakota County Transportation has identified the projects that will move to the right of way acquisition process in 2025. Prior to Transportation proceeding with construction of approved CIP projects, permanent and temporary easements and occasionally fee title must be acquired by the County. Independent professional appraisers are hired to determine the fair market value or minimum damage of these acquisitions to ensure the property owner receives just compensation. A second appraiser reviews the initial appraisal to verify that the appraisal meets all professional standards and requirements. The appraisal is then finalized and certified. First offers are then made to the property owner based on these reports.
State and Federal process require an acquiring authority to approve its appraised value prior to initiating negotiations with a property owner. The past practice has been for staff to submit the valuations and first offers to the County Board for approval, then staff proceed with the first offers. However, this approval process often limits the time to work with landowners to negotiate and settle, and then sign all the documents required for the transaction. As a result, the condensed time period often results in the inability to reach settlements prior to the filing of the quick-take petition by the County Attorney's Office. The County makes every effort to settle with property owners and avoid the use of eminent domain. If the REO can se...
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