CITY ACCEPT TENTATIVE AGREEMENT IN EMINENT DOMAIN CASE TO ACQUIRE 303 6th STREET NE
On April 2, 2019, the City filed an eminent domain action against Perry Miller to acquire the property at 303 – 6th Street NE (Lot 6, Block 2, Torbenson's Addition) which is necessary for construction, operation and maintenance of the Mouse River Enhanced Flood Protection Project. Defendant Perry Miller filed an Answer to the City's Complaint. Settlement negotiations have resulted in a tentative agreement at $193,000.00. In addition, the issue of attorney's fees and costs will be later decided by the court.
City staff recommends that the City accept a tentative agreement reached property owners and their attorney, which is as follows:
1. Agree to purchase the Perry Miller property at 303 – 6th Street NE necessary for construction, operation and maintenance of the flood protection project for the amount of $193,000.00;
2. Property owner will petition the district court for reimbursement for reasonable attorney's fees and costs; and
3. Possession of property to be promptly transferred to City to allow construction of necessary flood protection.