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Tim Himmer Subject: FW: MPCA Objection to Assessment Project #10 -02 Attachments: 2009- 435.19.pdf; avast info From: William Goodrich [mailto:bgood @anokalaw.com] Sent: Friday, October 01, 2010 2:56 PM To: Kurt Ulrich Cc: Tim Himmer Subject: MPCA Objection to Assessment Project #10 -02 Tim has asked me for an opinion concerning the legality of the MPCA's objection per Jena Hanson's September 20, 2010letter. Minn. Stat. 435.19 subd. 2. (attached) provides that the City may assess state owned property in the amount it would be assessed if the property were privately owned. The MPCA may pay the assessment from the agency's (MPCA) available funds. If the Agency does not have available funds in its budget, then it shall include the amount in its next general fund budget request. The statute further provides that the Agency is not bound by the determination of the City "... and may pay from available funds or recommend payment in such lesser amount as it determines is the measure of the of the benefit received by the land from the improvement." Let me know if additional questions on this topic. William 11. Goodrich RANDALL and GOODRICH, P.Le. 9,140 Fourth Avenue North Anoka, 'NE N55303 Phone (7(1:3)121 -5424 Fax: (763) 4)I -4213 E -mail: bcood(a)nnokalaw.min CONFIDENTIAL COMMUNCATION: E -mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you recieved this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.