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Regular City Council Minutes - 6/02/03 Page 7 Attorney Jay Squires regarding the Council's prudence in commenting or giving consideration to eminent domain discussion given the recent City of Richfield vs. Best Buy litigation. City Attorney Squires advised caution by the Council in their deliberation of redevelopment concerns, and referenced Section 2.4 entitled, "Land Control/Use of Eminent Domain," in the staff report dated June 2,2003. Further discussion ensued regarding friendly or non- friendly eminent domain proceedings; with the City's Financial Consultant Jim Casserly and City Attorney Squires providing comment. Councilmember Maschka expressed disappointment with recent written comment he had received that landowners perceived that eminent domain was being used by the City as a lever; opining that most of the properties were available on the open market. Mr. Casserly, as the City's and Housing and Redevelopment Authority (HRA) Attorney, discussed the development authority of the City and the HRA; stating that eminent domain was used only as a last resort in assembling land for development or redevelopment for public purpose. Mr. Casserly outlined that this is a City proj ect, to facilitate Roseville Properties, in achieving the City's Master Plan program goals over a multi-year process; and only if it were necessary, would the City consider it's authority to use eminent domain; that it certainly wasn't a preferred choice considered by the City. Further discussion ensued regarding the use eminent domain to facilitate parcel assembly for a long-term development project. Councilmember Klausing opined that the determining factor for him would be whether the proj ect is consistent with a carefully laid out long-term plan; and was hesitant