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Council approves deposit for eminent-domain actions tied to Metro Flood Diversion properties in Wilkin County
Summary
Council approved deposit of appraisal-based sums required by the court for about 20 Wilkin County properties involved in the Metro Flood Diversion project; one property removed after voluntary settlement and others will have funds deposited with the court due to ownership complications.
The Moorhead City Council on April 28 authorized deposit of court-ordered appraisal amounts for approximately 20 properties in Wilkin County needed for right-of-way acquisition linked to the Metro Flood Diversion project.
Christopher McShane, project counsel on the diversion work, told the council the deposit amount equals the appraised amounts used during negotiations and is required by statute after a landowner is given the opportunity to contest necessity and public purpose in court. McShane said the David Ness property was removed from the deposit list because it was resolved voluntarily, while two parcel groups (referred to as 5170 and 5174) involve multiple owners and some deceased owners; the parcel funds for those parcels will be deposited with the court until ownership and lender issues are resolved.
McShane explained staff had tried to resolve encumbrances with mortgage holders and landowners in prior months but had not obtained agreements that would allow direct payment; as a result, the city will deposit the funds with the court so lenders or heirs can later claim appropriate shares. He described the fee-of-trust and eminent‑domain sequence and said the deposit process can generate lengthy files, including a preliminary title opinion from the solicitor's office.
Councilmember Chuck Hendrickson moved to approve the deposit authorizations; Councilmember Lisa Borgen seconded. The motion passed on a voice vote with no roll-call tally recorded in the minutes.
Ending: McShane said the deposits should be made promptly so the diversion authority can complete its rulings and proceed; the council’s approval authorizes the administrative step necessary to comply with court orders and the statutory eminent-domain process.
