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Big Stone County board authorizes right-of-way acquisition, allows quick-take for CSAH 38 project
Summary
The Board adopted Resolution 2026-06 authorizing acquisition of right-of-way for CSAH 38, authorizing Rinke Noonan, Ltd. to negotiate purchases and institute eminent domain, including quick-take under Minn. Stat. Ch. 117 and §117.042. The motion passed 4–0 with one abstention.
The Big Stone County Board of Commissioners adopted Resolution 2026-06 on May 5, 2026, finding it necessary to acquire right-of-way for the CSAH 38 road improvement project and authorizing the county to pursue acquisitions, including eminent domain if needed.
The resolution states, "The acquisition of Right of Way by the County over the real property depicted in Exhibit A is necessary for the purpose of constructing the Project." The motion to adopt the resolution was made by Commissioner Klages, seconded by Commissioner Radermacher, and carried with Commissioners Klages, Athey, Zimmel and Radermacher voting aye and Commissioner Thyne abstaining.
Under the resolution, the County Engineer, County staff and the law firm Rinke Noonan, Ltd. are authorized to negotiate purchases using appraisals previously obtained. The resolution also authorizes Rinke Noonan to institute "quick-take" condemnation proceedings pursuant to Minnesota Statutes Chapter 117 and Minn. Stat. § 117.042 for parcels not acquired through negotiation, citing the project timeline as justification.
County officials said acquiring title and possession promptly is necessary to keep the project on schedule. The Board directed county staff and counsel to continue negotiations with property owners and to return to the Board for final approvals of any purchase agreements or condemnations.
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