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I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />i <br />I <br /> <br />CASE # q <br /> <br />CONSIDER DISMISSAL OF EMINENT DOMAIN ACTION <br /> REGARDING THE 150 ACRE BMA SITE <br /> <br />By: William K. Goodrich, City Attorney <br /> <br />Background: In February 1999 the Council authorized a condemnation actiOn to acquire the <br />approximate 150 acre parcel of land located in section 28 owned by B.M.A. Associates, a <br />Minnesota partnership. After further discussion and negotiation, the actual petition was served in <br />October, 1999. The purpose of the acquisition was to b'e for industrial park purposes, possible <br />technical college site and regional transportation station. The public purpose was further defined <br />in March of 2000 and an amended complaint was filed with the court. The city and the owners <br />continued through 2000 to negotiate a sale and for various reasons, negotiations have been <br />unsuccessful . It is now necessary to either proceed with the court proceedings to acquire the <br />property or dismiss the action. <br /> <br />Recommendation: Staff recommends that the action be dismissed without prejudice, meaning that <br />it could be brought again some time in the future. <br /> <br />CouncilAction:. <br /> <br />Motion to direct the City attorney o file t e necess ry papers to dismiss the pending condemnation <br />action to acquire the the approximate 150 acre 'tract of land in Section 28 owned by B.M.A. <br />Associates, a Minnesota partnership which is Anoka County District Court file No. C1-99-8374. <br /> <br />Review Checklist: <br />City Administrator <br /> <br />-199- <br /> <br /> <br />