CCP 08-14-1995 - Laserfiche WebLink

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I ~\t'\NESoJ;q I. f (D ) Minnesota Department of Transportation Office Tel: 612-296-1133 '\ ~ Transportation Building '0 FT 395 John Ireland Boulevard Saint Paul. Minnesota 55155-1899 I I July 20, 1995 fl- I Brian Fritsinger, City Administrator ,t;)' 51 I .., 1 City of Arden Hills 1450 West Highway 96 I Arden Hills, MN 55112-5794 In reply refer to: 7300 I Ramsey County PIN 21-30-23-34-0003-1 SE Corner 35W & 694 I Proposed Assessment against Minn. Dept. of Trans. 1995 Co. Rd. F Reconstruction I Dear Mr. Fritsinger: I. This letter is in regards to recent telephone conversations between your office and John Horsch of my office, as to the City of Arden Hills' proposed assessment against the above referenced property for the proposed improvement on County F. After careful I review by my staff, we have determined that your proposed improvement does not benefit our property. Therefore, the Minnesota Department of Transportation will not be making any assessment payments for the subject improvement. I We have requested advice from the Attorney General's Office as to the application of Minn. Stat. ~3.754 and Minn. Stat. ~435.19, subd. 2 to this case. We were informed I that any proposed assessment against state property must first be made in accordance with ~435.19, subd. 2, under which state departments and agencies are left with the discretion to determine the measure of benefit to their public propeny. No assessment I can be "due" under ~435.l9, subd. 2, unless a department or agency determines that their public property will be benefited by a specific amount with the proposed improvement. If a department or agency determines that their public property was I benefited by a particular amount, then ~3. 754 can arguably be applied to compel state departments and agencies to pay for the amount determined to be the benefit. I Sincerely, fJlJ A~ (11. I lit ()~~ I- (::"l.. K F. Rasmussen, Director Office of Right of Way and Surveys I An equal opportunity employer