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File #: DC-1809    Version: 1
Type: Regular Action Status: Passed
File created: 1/17/2023 In control: Board of Commissioners
On agenda: 1/24/2023 Final action: 1/24/2023
Enactment date: 1/24/2023 Resolution #: 23-052
Title: Approval Of Legal Strategy And Authority For Acquisition Of Right Of Way For County Project 88-24
Sponsors: Office Of The County Manager
DEPARTMENT: Office of the County Manager
FILE TYPE: Regular Action

TITLE
title
Approval Of Legal Strategy And Authority For Acquisition Of Right Of Way For County Project 88-24
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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 January 24, 2023, to discuss the following:

* the legal strategy of accomplishing Dakota County's acquisition of the property rights from T&M Properties, LLC (Parcels 7 & 10) and Nora Felton/Felton Family Farms (Parcels 2, 3, 4, 22, 23).
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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, Dakota County and Randolph Township are partnering on County Project 88-24 (Project); and

WHEREAS, the Project includes the segment of County State Aid Highway (CSAH) 88 from Trunk Highway (TH) 52 to TH 56; and

WHEREAS, the purpose and need for the Project is to improve safety, operations, and capacity along the Project corridor; and

WHEREAS, the County is the lead agency for the Project; and

WHEREAS, by Resolution No. 22-428 (October 4, 2022), the Dakota County Board of Commissioners authorized the acquisition of certain properties identified in the resolution and initiation of quick-take eminent domain pursuant to Minn. Stat. ?117.042, if necessary, to construct the recommended improvements; and

WHEREAS, the County offered the Landowners compensation based on the County's approved appraised value for the parcel; and

WHEREAS, c...

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