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• <br />• <br />LAW OFFICES OF <br />William G. Hawkins and Associates <br />Legal Assistant <br />WILLIAM G. HAWKINS TAMMI J. UVEGES <br />BARRY A. SULLIVAN <br />September 3, 1999 <br />Mr. Richard DeGardner <br />Public Services Director <br />Lino Lakes Public Services Department <br />600 Town Center Parkway <br />Lino Lakes, MN 55014 <br />Re: Reshanau Trail Condemnation <br />Dear Rick: <br />2140 FOURTH AVENUE NORTH <br />ANOKA, MINNESOTA 55303 <br />PHONE (612) 427 -8877 <br />FAX (612) 421 -4213 <br />I am responding to your letter of September 1, 1999 regarding an estimate of costs <br />for the City to pursue an eminent domain proceeding to acquire trail easement over <br />several properties. <br />The City, as the initiator of the eminent domain proceeding, is responsible for nearly all <br />of the costs associated with the legal proceeding. This includes court filing fees, <br />abstracting, court commissioners' fees, City appraisal fee, land owner's appraisal fee <br />up to $500 per parcel, and attorneys' fees. On a project of this nature it would not be <br />unusual for the City to incur for all of these charges between $15,000 and $20,000 <br />of expenses. This would be through the commissioners' hearing. If either the City or <br />the landowners appealed the commissioners' award to the Anoka County District <br />Court for jury trial, this amount could conceivably double. <br />You also asked for an educated guess as to the purchase price of the property. <br />Unfortunately, I am not able to do that since I am not certain where the trail would be <br />located and what effect it would have on the remaining property owned by the <br />landowners. The only way that the amount can be estimated would be for the City to <br />obtain an appraiser who would do a thorough analysis of the values in this area and <br />whether or not there would be any severance damage to the remainder of the <br />landowner's property. If you would like me to arrange to have an appraiser perform <br />this service, please advise. If you have any further questions, please contact me. <br />rely, <br />illiam G. Hawkins <br />WGH /tju <br />