Fargo city leaders vote for last-minute negotiations in eminent domain lawsuit
“Fargo city leaders voted Thursday to try to negotiate their way out of their eminent domain lawsuit against a landowner.
After meeting in executive session, Fargo City Commissioners Mike Williams and Dave Piepkorn voted with acting Mayor Tim Mahoney to continue negotiating to acquire landowner Ronald Bergan’s property for the city’s permanent flood protection project.
In a lawsuit filed in December in Cass County District Court, the city asked the court to declare eminent domain on Bergan’s three lots, at 1102, 1104 and 1110 4th St. S.
The city’s lawsuit says it valued the property’s worth at $5,775, but that attempts to buy it from Bergan hadn’t worked out.
In a response to the lawsuit filed Dec. 30, Bergan’s attorney, Jonathan Garaas, contested the city’s claim his client’s land is necessary for the flood project and thus an issue of eminent domain.
The response also says the city agreed to pay Bergan $120,000, not $5,775.”
Welker, Emily. InForum 19 February 2015.