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Date: 11/21/OS <br />Item: 2. <br />Property Acquisition at <br />Twin Lalces <br />?����?f����U:4� <br />TO: MAYOR :����� CITY COUNCIL <br />CITY OF ROSEVILLE <br />FROM: KRA�� MONROE, P.A. <br />SUBJECT: CONDEMNATION PROCESS <br />FILE NO.: 9987-20 <br />DATE: NOVEMBER 18,2005 <br />We '�,a �� v been asked to provide you a Memorandum t��at sets forth t��e coride���t�atio�� process <br />utilized by municipalities under Minnesota law. As you lcnow, the City has coi�deirulation <br />authority under the general municipal statutes, as well as under t1�e statute gaverniz�� port <br />autl�arities as that statute is also applicable to tlte City of Rosev�l�e. <br />The process is st�bsta�ltially as follows: <br />1, Every inuz�icipal coildei�i�iatior� begii�s with the city council passing a resolution setting <br />forth the public p�upose of the condemnation and authorizing the city's legal representatives and <br />staff to proceed with the co��denu�atiqza. That sa�x�e resolution may authorize use of the "quicic <br />talce" provisions of the eminent do��:�a�z-� law. Those provisions allow the city to obtain actual <br />title and possession of the property iz� question after a 90-day period �•0��1 the service of the lega� <br />doc�Gnaez�ts on the property owners. <br />2. The legal documents in question include a petition to the court, again setting forth the <br />reasons for ;liY coildentilatio��. and indicating that tlle co��d�xi�natip�� is for a�ui�lic purpose Tlie <br />documents also include a notice of hearing, a notice of the "qt�iclL tal;e" and a proposed order li�� <br />the cot�rt to considea'. Those documents are sezved on all parties owning or having a�i interest in <br />the property to be condemned. :�n interest could include tenants or a mortgage banlc. <br />3. Pursuant to tlae documents served in paragraph 2, a hearing is held o�z the petition. The <br />hearing will be before the judge assigned to our case. It is at that heari�l� that the property owner <br />has an oppo�-kti��ity to challenge the public purpose and question tl�e need for tl�e talcing. The <br />City would produce docti�x�e��ts showing the history of the Twin Lakes Project and would l�ave <br />n�e���bers of its staff available to testify about t11e project. Since the:�t_-�� case last su��v��er, there <br />should be z�o real question �ut that redevelo�iilent is a valid p�rblic purpose, and I would expect <br />the judge assigned to approve our petition ax�,d sign our order. <br />4. Part of the order we present to tl�,e court i�icl�ides �1 « appointment of cozadez�u�a�ion <br />coa��.�a��issioners. Ramsey County requires that the three co�nnzissione��s appointed include an <br />attorney, an appraiser and a real estate professional. Oftentimes, attoi-�Zeys for the land owners <br />lti1�o appear at the court hear�n� discuss and agree wi��a the city's attorney about the co����ositioi� <br />