Resolution No: 25-586
13.1
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
Motion: Joe Atkins
Second: Liz Workman
This item did not go into closed session. The Board approved the resolution
language as presented in the confidential memorandum provided to the Board.
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.
Ayes: 6
14.
Interagency Reports/Commissioner Updates