RES 24-50Of
City of Elk River
ver City Council
Resolution 24-50
A Resolution of the City Council of the City of Elk River Authorizing the Use of
Eminent Domain
WHEREAS, the City Council of the City of Elk River does hereby determine that it is
necessary and for a public purpose to acquire fee title and/or permanent and temporary easements
over the property legally described on the attached Exhibit "A" to abate the hazardous conditions on
the property and to reduce the amount of abandoned property within the city; and
WHEREAS, Minn. Stat. § 117.025, subd. 11, defines the mitigation of blight and the
reduction of abandoned property to be a public purpose, and Minn. Stat. 5 463.152 authorizes the City
to acquire properties to address hazardous conditions; and
WHEREAS, City staff and consultants have and will continue to attempt to work with the
property owners to acquire the necessary property voluntarily; and
WHEREAS, the City Council finds that the public health hazard makes it necessary to acquire
the necessary fee title as soon as possible in order for the prevent potential injury.
NOW, THEREFORE, be it resolved by the City Council of the City of Elk River,
Minnesota:
1. That the City Attorney is authorized to commence eminent domain proceedings
pursuant to Minnesota Statutes Chapter 117 to acquire the necessary fee title and/or permanent and
temporary easements over the properties identified on the attached Exhibit "A."
2. That the City Attorney is authorized to acquire the necessary property interests
pursuant to the "quick take" provisions of Minnesota Statutes Section 117.042.
3. That the Mayor and the City Administrator are authorized to execute all documents
necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property
interests.
4. The City has obtained appraisals of the property being acquired and staff is authorized
to continue negotiating with the any property owners relating to the acquisition of the property and
to acquire the property from the property owners by negotiation if possible.
K
IRE0 81
TU6RE
232273v2
Passed and adopted this 3rd day of September 2024.
J JMietz, or
ATTEST:
Tina Allard, City Clerk
l01EIEI II
NATURE
232273v2