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<br />Jun-15-Z000 15:Z8 <br /> <br />From-PETERSON FRAM BERGMAN <br /> <br />651 ZZ81T58 <br /> <br />T-TOO P,OOZ/008 F-63T <br /> <br />Wal'ren E, P~t<:riion <br />Jerome P. Filla <br />Daniel Witt F'ram <br />_nn A. Bet.gman <br />n Michael Miller <br />chael T. Obc::rll:" <br />Ste'-'en H. Bruns~ <br />Paul W. FOi'nnlntt <br />Esther E, McCinni.i> <br />leffrey J, Cohen <br /> <br />__,PETEESC~L,..,_ <br />F'AAM<,".-BERGMAN <br />~"'h~!'!&R~~~~lJht;;lail!"'~ <br /> <br />Suite 300 <br />-SO East Fifth Street <br />5<. Paul, MN 55101-1197 <br />lb'3l) 291.B955 <br />16'511 21g..17S, facsimile <br /> <br />Direct Dial ~(6S1) 290-6907 <br /> <br />June 15,2000 <br /> <br />Mr. Joe Lynch <br />City Administrator <br />City of Arden Hills <br />4364 W. Round Lake Road <br />Arden Hills MN 55112 <br /> <br />VIA FACSIMILE NO. 633-7839 <br /> <br />RE: Shoreline Drive <br />PF&B File No, 10460.990001 <br /> <br />Dear Joe: <br /> <br />e <br /> <br />The City has the authority to acquire private property for a public right-of-way and, if necessary, use <br />its power of eminent domain. Typically, the City will hire a surveyor to legally define and illustrate <br />the property to be acquired; to describe the type of easement which the City wishes to acquire; and <br />to identify the record owners of the property. In addition, the City will hire an appraiser to estimate <br />the fair market value of the land. <br /> <br />Upon receipt of the swvey information, the City would be in a position to contact the property <br />owners and make a purchase offer. If the negotiation was unsuccessful, the City Council would <br />adopt a resolution authorizing the City Attorney to commence a condemnation proceeding. <br /> <br />A Notice of Intent to Possess and a Petition for Condemnation are prepared and served upon the <br />record owners of the property, The Notice establishes a date for the initial hearing. The Petition <br />requests the District COUIt to determine whether the acquisition is for a public purpose and, if so, <br />further requests the District Court to appoint three commissioners who will meet, hear testimony, <br />and determine the fair market value of the property. Commissioners are currently paid $200 per half <br />day or any fraction thereof. This cost is assessed to the City. Normally, it is about 4 months from <br />the beginning to the end of the process before the COUIt Appointed Commissioners. <br /> <br />Any party who is dissatisfied with the Commissioners' award may appeal to the District Court. The <br />matteris then placed on the trial calendar and is processed like other civil cases. In Ramsey County, <br />it is about 9 months Erom the date of filing the appeal to the date of trial. <br /> <br />e <br /> <br />In regard to the Shoreline Drive right-of-way, there is a complicating issue. There is no record of <br />a right-of-way acquisition for a portion of Shoreline Drive which currently is being utilized as a road. <br />Consequently, the City would need to make two arguments, First, the City would argue that it has <br />already acquired an j merest in this portion of Shoreline Drive by continuous use and maintenance. <br /> <br />.Aw;O ^l.CIM1"1"'I'(l[l IN WlscnN::;IN <br />