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2012-05-23 CC Packet
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2012-05-23 CC Packet
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Shopek's plan also provided for RCWD's removal of the floodplain easement in light of <br /> a 1999 change in the floodplain, which removed most of Sheehy's property from the <br /> floodplain. The city moved in limine to exclude Shopek's opinion, arguing that <br /> testimony on the RCWD's potential removal of the floodplain easement was speculative, <br /> and that because the proposed engineering plan was hypothetical, it did not relate to the <br /> actual benefit conferred by the project. The district court permitted Shopek's testimony, <br /> but limited its use to foundation for Herman's appraisal. <br /> Shopek testified that without the city's new lots added to the project, it would not <br /> have been necessary from an engineering standpoint to "loop" the water line extended to <br /> Sheehy's property to connect it in more than one direction. He suggested a less - <br /> expensive plan that would have connected sanitary sewer and water to Sheehy's property <br /> by bringing those connections along 21st Avenue to the south end of the property. He <br /> also testified that, after the floodplain elevation was revised in 1999, "just a small sliver" <br /> of Sheehy's property remained in the floodplain. He testified that he estimated that the <br /> City of Lino Lakes, which adjoins Sheehy's property on its east side, would likely <br /> contribute $59,000 to fund a portion of the proposed infrastructure, so that its total cost to <br /> the city would be approximately $135,000. <br /> Herman testified regarding her appraisal. She opined that, based in part on the <br /> property's location outside the floodplain, its highest and best use both before and after <br /> the project was as commercial property. She used vacant properties with existing <br /> infrastructure improvements as comparables. To arrive at a pre - project value, she used a <br /> value of $7.25 per square foot. She then deducted $135,000 for constructing the <br /> 4 <br /> 17 <br />
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