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Committee declares OINs 7234B/C/D excess, directs staff to offer parcels to adjacent homeowners; residents press for first opportunity
Summary
The Technical Committee declared three parcels (OINs 7234B, C and D) excess and directed staff to follow the excess‑land policy by first contacting adjacent landowners; public commenters said many adjacent homeowners already maintain the corridor and asked for the chance to buy the land, while staff noted soil contamination remediation plans.
The Diversion Authority Technical Committee voted to declare three railroad‑corridor parcels — OINs 7234B, 7234C and 7234D — excess and directed staff to follow the authority’s excess‑land policy, first offering the parcels to adjacent landowners and then returning to the committee with the results.
Director Benson (identified in the meeting as the Diversion Authority director) summarized a recent local homeowners meeting and said about a dozen to 20 residents attended to express interest in acquiring the parcels adjacent to their properties. “A common theme was there was interest,” Benson said, describing homeowners who said they had long maintained the land next to the railroad tracks.
Benson told the committee staff cautioned residents that a sale to a subset of owners could create maintenance complications for the authority because access to independent small parcels would require easements through private backyards for ongoing mowing and maintenance. He said that if all adjacent owners do not participate, the authority might then work with the City of Horace on alternate solutions.
Several residents and local organizations spoke at the meeting. Anthony Krenzel, a Horace resident, said he had maintained the parcel adjacent to his house and asked only that landowners be given the opportunity to negotiate and “have the seat at the table” before the city is offered the property. Chris Maloney, representing Southern Fire and Rescue, said the fire department was interested in an adjacent lot to expand facilities as the population grows. “That extra property would help us expand those resources instead of having to look for new property,” Maloney said.
Committee members asked questions about zoning and contamination. A committee member asked whether soils or contamination had been evaluated; Eric Dodds said the authority has investigated environmental contamination on this segment and will be responsible for mitigation. “We’ve been working with the Department of Environmental Quality in North Dakota to develop a mitigation approach,” Dodds said, and staff anticipate cleanup work in phases that could be completed later this year.
Benson recommended the committee first declare the parcels excess, direct staff to send adjacent landowners a written confirmation request (with parcel size, cost per foot and total cost) and give landowners approximately 30 days to confirm interest. Benson said staff would compile responses to determine whether an all‑owner solution is feasible; if not, staff will return with options, including negotiating with the City of Horace for a sale or easement.
A motion to adopt Benson’s recommendation was moved and seconded; the committee approved the recommendation on a roll‑call vote. The chair directed staff to coordinate follow‑up letters to adjacent landowners and to work with legal counsel on precedent questions the committee raised regarding long‑term maintenance and whether long‑time care of a parcel creates any legal claim.
The action formally begins the adjacent‑owner offer step of the authority’s excess‑land process for the three OIN parcels and schedules staff follow‑up to report confirmed interest and proposed next steps.
