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3 <br /> DORSEY & WHITNEY LLP <br /> MINNEAPOLIS PILLSBURY CENTER SOUTH NEW YORK <br /> WASHINGTON,D C 220 SOUTH SIXTH STREET DENVER <br /> LONDON MINNEAPOLIS, MINNESOTA 55402-1498 SEATTLE <br /> BRUSSELS TELEPHONE: (612) 340-2600 <br /> FARGO <br /> HONG KONG FAX: (612) 340-2868 <br /> BILLINGS <br /> DES MOINES <br /> ROCHESTER WILLIAM R.SOTH MISSOULA <br /> (612)340-2969 <br /> COSTA MESA FAX(612)340-2644 GREAT FALLS <br /> soth.williarnV orseylaw.com <br /> July 9, 1998 <br /> CONFIDENTIAL- <br /> ATTORNEY-CLIENT PRIVILEGED <br /> Mayor Ranallo and Members <br /> of the City Council <br /> City of St. Anthony <br /> 3301 Silver Lake Road <br /> St. Anthony, MN 55418 <br /> • Re: Acquisition of Pahl Avenue Properties <br /> Dear Mayor Ranallo and Members of the Council: <br /> Mike Morrison has asked me to advise you regarding the possible condemnation of <br /> certain properties on Pahl Avenue in the event the owners are not willing to sell at a negotiated <br /> price. Under Minnesota Statutes Chapter 117, the City would have the ability to acquire homes <br /> so long as the property is being acquired for a public purpose. Presumably, flood mitigation <br /> would be a valid public purpose. In order to acquire the property, the City would commence a <br /> condemnation proceeding under Chapter 117 and would name as parties in that proceeding all <br /> owners and other parties having any interest in the real estate. If a "quick take" procedure is <br /> used, the City can acquire title within a period of 90 days. The parties then either continue to <br /> negotiate on the amount of compensation to be paid by the City, or if they cannot agree, <br /> commissioners are appointed. The commissioners then review appraisals and hear testimony of <br /> the appraisers and others as to the compensation to be paid by the City. The measure of damages <br /> is the market value of the property acquired (i.e., what a willing buyer would pay a willing seller) <br /> plus any relocation payments to which the owner might be entitled. If the parties cannot agree on <br /> these amounts,they are determined by the commissioners. <br /> As you may recall from the condemnation of the restaurant properties a number of years <br /> • ago,the relocation payments are governed by regulations, and consultants can be retained to <br />