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Minot City Council holds closed session on pending eminent domain case involving Parkview MHP LLC
Summary
At a May 4 special meeting the Minot City Council moved into executive session to consult with counsel and discuss negotiating strategy related to a pending eminent domain case involving Parkview MHP LLC; the motion passed 5-0 and the council reconvened in open session with no public final action recorded.
The Minot City Council met in a closed executive session May 4 to consult with its attorney and discuss negotiating strategy in a pending eminent domain case involving Parkview MHP LLC. The council cited North Dakota Century Code sections 40-44-17.01, 40-44-19.01 and 40-44-19.2 as the legal authority for the closed meeting.
Council members moved to discuss agenda item number 3 in executive session; the motion passed by voice with a recorded tally of five yes and zero no votes. During the roll call council members Blossom, Fuller, Janser (participating remotely via Teams), Olsen, Pittner and Samuelson were recorded as present. A staff member read the agenda item and the statutory authority: “The next item on the agenda is an executive session to discuss a pending eminent domain case with Parkview MHP LLC.” A council member later said, “I don't know if Mark's seeing it, so we're going to say pass with a five-zero vote.”
Before the council left the dais, a staff member told the room that because the session was being held to provide guidance and instructions to the city's attorney and other negotiators under North Dakota Century Code 40-44-19.1, the usual prohibition on taking final action during an executive session does not apply to providing negotiating instructions. The council moved to the adjoining City Council Conference Room for the closed session and anticipated reconvening the open meeting at approximately 5:15 p.m., according to the public remarks recorded before the recess.
The public portion of the transcript shows the council returned to open session and that the executive session was adjourned at 4:55 p.m.; the minutes and public record included no additional final action taken in open session on the eminent domain matter. After reconvening, there was no other business and the council adjourned.
The transcript identifies the affected private party as Parkview MHP LLC and references the cited North Dakota Century Code provisions; no further substantive details of the eminent domain matter were made public in the recorded proceedings.
