Memo- Block 64
Planning & Economic
Development
MEMORANDUM
DATE:
Honorable Mayor and Hopkins City Council Members
Kersten Elverum, ~ of Planning & Development
April 18, 2008
TO:
FROM:
SUBJECT:
Block 64 Discussion
A discussion of the status of the Block 64/Fifth Avenue Flats project has been scheduled
for the April 22, 2008, City Council work session. Attached is a memo from Bob Dieke
detailing the two condemnation routes the City could pursue in relation to this project.
This will serve as the basis for discussion. I will also share proposed talking points, the
appraisal for 525 Mainstreet and relocation consultant information at the meeting.
As an update, City staff and Kelly Doran met with representatives of the Met Council and
Hennepin County regarding the environmental clean-up grants for the project. It was
decided that the City would apply for additional grant dollars from Hennepin County in
the next funding round (application due May 1). The benefit would be the County does
not nave affordabllity require-m-entsnDrdu-they-prohibit~the-tlse--(Jf-eendemIlat-iefl-;-I-f
funded, these dollars would replace the Met Council grant which does have affordability
and condemnation restrictions.
Apr.18. 200811:28AM
Bradley & Oelke, r.A ~,)L~LD,)I'+J
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Bradley & Qeike, P A.
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Memo
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:; ',: To: Kersten Elverum
From: Robert J. Deike
cc:
Date:
Re:
Rick Getschow, Tara Beard,
Aprill g, 2008
Eminent Domain Options
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~;i~lf~ )~~~ xe~ requested, this is written to briefly explain the two options available to a
if~: ";(;;)~f~p~~ental entity acquiring property through eminent domain, the longer option
<if "Y; : anct'the so-called "quick take" option.
Under the longer option, the condemning body files a petition with the district l;X}urt
,.:~g to acquire the property. The court will hold a hearing and, after hearing
evi~ence on the matter, render a ruling on whether the condemning entity has the right
to take the property. If the court roles that there is legal authority for a taking of the
property, commissioners are appointed to hear evidence on the value oftl:teproperty
and to make a report on the amount of d8.mages that should be awarded. Tnat aWard
" can be appealed to the trial court by any party. The comt will then conductla~a1 on
, the.question of damages for the taking. The trial court's detennination can also be
appealed. When the damage award is finally determined and paid by the condemning
81Jtl?<<?rity the condemning authority is given title to and possession of the property. At
,'~'/'!" i"a.ny.Jime before the damage award is paid by the condemning entity it can discontinue
'-::' ;,;;iti~(~on but has to pay the property owner's costs and expenses incurred mthe
" ,Pk~A;ng. ' .
. The only-difference-under-th~tak-e-option-iS-thatita11owsihe-condeInning
~tttiority to acquire title to and possession of the property before the awar(1bf ;,
daniages has been finally detennined. If the condemning authority needs tiile before
ilie~commissioners file their report on the damage award it can obtain itby;~~g at
~~t 90 days' notice ofits intent to take title to the property. It must also ~~~~with
~~ ~~urt the amount of its appraised value of~e pr?perty. On~ it doe~ ~t i~~l
Qbligated to pay the final award and can not discontinue the action. The damage
a~ is then determined in the same manner as under the longer option.. \ '
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R'ECEIVEDTIME .APR.18. 11:44AM
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PRINT TIME AWR.it,8. 11 :45AM
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