Carver County discusses Highway 5 safety improvements; moves into closed session on last written offers

Commissioners received remarks that the planned Highway 5 project is intended to address safety problems in the corridor and includes expanding Highway 5 from two to four lanes, adding trails and sidewalk improvements, and reducing crash risk, then moved into a closed session to discuss last written offers related to the project.

During general remarks early in the meeting, Commissioner Fahey said: "The project will address a known safety issue by expanding Highway 5 from a 2 to 4 lane, adding trails and sidewalk improvements, and mainly to reduce the crash rate in this project area by 51% and reducing fatal and serious injury crash rate by 90% in this area." That safety projection was cited during the public remarks portion of the meeting.

Later in the agenda the board voted to move into closed session. The chair announced a closed session to "discuss last written offers for Highway 5 project, arboretum area project." A staff member read Minnesota Statute section 117.031 aloud, saying it "provides that the condemning authority may make a last written offer of compensation prior to filing a petition for eminent domain. A court may award reasonable attorneys fees, expenses, and other costs and fees depending on how much greater the final judgment or award is than the last written offer." Commissioner Lynch moved to go into closed session and Commissioner Uterman seconded the motion. The board voted in favor and the motion passed.

Why it matters: The Highway 5 expansion and related right-of-way or condemnation matters have safety, access and property-rights implications for residents along the corridor. Commissioners explicitly linked the project to a projected reduction in overall crashes and a much larger reduction in fatal and serious-injury crashes; the meeting record shows the board then used a closed session to discuss negotiation steps that, under state law, precede eminent-domain filings.

What the board instructed: By motion, the board entered closed session to consider last written offers consistent with Minnesota Statute 117.031. No further public action or vote on compensation amounts was recorded in the public minutes; the board recessed for five minutes before entering the closed session.

The board did not disclose the details of offers, parties, or property parcels in the public record during the meeting. Any decisions resulting from the closed session must be disclosed according to legal requirements when appropriate and as allowed by statute.