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FM Diversion and Dam Increases national debt

Narcissistic Negotiations

Eminent Domain - Fargo Dam and FM Diversion Authority (CCJWRD)

There have been three articles in the Fargo Forum touching on the topic of eminent domain over the past five weeks.

“Diversion Authority says it has eminent domain powers in Richland County” By Tu-Uyen Tran on Apr 13, 2016

“Diversion officials to use eminent domain to take Horace land” By Grace Lyden on May 18, 2016

“Forum editorial: Making tough call wins roses” By Cowards Unwilling To Sign Their Name on May 20, 2016

For most, eminent domain is somewhat of a mystery. The North Dakota Attorney Generals office defines eminent domain as:

Eminent Domain

Eminent Domain, also called “condemnation,” is the power to take private property for public use. Under state law, condemnation proceedings can be used for only projects which have a public use or public purpose. The law does not require a “public use” project be for actual use by the general public.

Private property cannot be taken:

For economic development projects, including an increase in tax base, tax revenues, employment, or general economic health;
For the benefit a private individual or entity except as necessary for conducting a common carrier (such as telecommunications) or utility business.

In the Fargo Dam and FM Diversion Authority (FMDA) case, eminent domain is pseudo-legalized corruption without the fedora and gun.

When the early colonies flipped England the proverbial bird and declared independence, land ownership and freedom were the very foundation of America. Families have sank fortunes into land and tended it for future generations in pursuit of the American dream of freedom, safety and stability.

So why is ND Attorney General Wayne Stenehjem turning a blind eye to Fargo’s land grab (disguised as flood control) for economic development?

The originally proposed project was located on the Minnesota side, with downstream impacts.

Then the proposed project moved to the North Dakota side, with downstream impacts.

Then the USACE incorporated a Class 1 High Hazard Dam to accommodate Fargo’s Tier 1 and Tier 2 development plans of the natural flood plain south of the city. This moved considerable impacts upstream, to increase the cost/benefit ratio (cooked the books) to navigate the project through Washington, DC – and manipulated hydraulics and hydrology with an EOE (expert opinion elicitation) study to conceal upstream and downstream impacts created by the project.

So let’s jump back the the Fargo Forum Articles.

Diversion Authority says it has eminent domain powers in Richland County
By Tu-Uyen Tran on Apr 13, 2016

RE: Permitting Concerns

“The requirement was no surprise, Mahoney and Brodshaug said, because the Diversion Authority has worked on it for years.”

 

Really? So if property rights, ownership and easements have been needed all along…, why have the FMDA and USACE shrugged their shoulders every time the subject was presented to them?

Think about it…, if they’ve known for years…, these hucksters have had plenty of time to knock on doors, sit down over coffee and treat landowners with a modicum of respect. But…, that is beneath the dignity of a narcissist.

Diversion officials to use eminent domain to take Horace land
By Grace Lyden on May 18, 2016

RE: Eminent Domain

“Brodshaug’s group has been negotiating with the landowners since March and has been unable to come to an agreement with any of them, he said. Meanwhile, construction is scheduled to start on the inlet in the fall.”

 

Oh really…? It appears that narcissists negotiate by form of letter.

Excerpt from letters:

“We are in the process of doing an appraisal for the Cass County Joint Water Resources District (CCJWRD) that impacts your land…”

“We will be inspecting your property on Friday. February 5th at 12:40 pm. Your presence is not mandatory and if you are not there, the inspection will be done based on what we can observe from the public right of way or any noninvasive roadways.”

“To Whom It May Concern: Cass County Joint Water Resource District (CCJWRD) will be acquiring your property located at…”

“CCJWRD hereby offers all interested parties who may have an interest in the real estate rights to be acquired the sum of…”

Diversion officials to use eminent domain to take Horace land
By Grace Lyden on May 18, 2016

RE: Eminent Domain

“Eminent domain is an absolutely last resort,” Brodshaug said. “We hate to have to go there, but here we have a construction deadline, and we need to acquire the property.”

The property owners have a week to respond to a final offer from the water district, and if they don’t come to an agreement, the eminent domain suits will be filed Thursday, May 26, Brodshaug said.

 

Oh…, so this is why the CCJWRD held a special meeting on May 18, 2016 to talk about three properties they want to attempt eminent domain upon.

Pretty stand up of the cowards at the CCJWRD to NOT INVITE the landowners to the special meeting, wherein, their fate is being determined without their consent or input.

Then again, these are narcissistic negotiations, wherein, reason and accountability are for those the FMDA have classified as weak and irrelevant.

“Forum editorial: Making tough call wins roses”
By Cowards Unwilling To Sign Their Name on May 20, 2016

RE: Eminent Domain

“PRAIRIE ROSES: To local officials who are involved with buying land for the Fargo-Moorhead flood diversion for deciding the use eminent domain to secure parcels from owners who do not want to sell.”

 

Seriously? Kudos to the thugs and “HA HA” to the victims?

Keep in mind, Fargo does not have permits, land, easements, federal funding, a PPA or project start. The only way they can get a project start is to abuse the system to use a paltry $5 million from the USACE as a placeholder for additional funding that may never come.

Eminent Domain isn’t a tough call, it’s the cowardly call that the FMDA has been inferring via veiled threat for years to soften the low-hanging fruit.

Eminent Domain is government over-reach under the false pretense of legitimate protocol.

Eminent Domain is economic coercion to deny property owners their landowner rights.

So let’s take a peek at the general pricing offers per square foot of undeveloped land.

Eminent
Domain
Threat
Developers Price sq/ft Location Memo
$ 5.33 sq/ft 4773 32nd St S, Fargo Completely Under Water in 1997 (approx 591 meters from Fargo Mayor Tim Mahoney home)
$ 0.57 sq/ft Oxbow, ND (land acquisition) Some Parts Under Water in 1997 & 2009
$ 5.00 sq/ft
(sample average)
Oxbow, ND (building lots) Some Parts Under Water in 1997 & 2009
$ 0.13 sq/ft Inlet Structure (Horace, ND) Generally Dry in 1997 & 2009

 

Isn’t it perverse that the natural flood plain land being protected is valued higher than the non-flood plain land being taken to protect it?

Then again, narcissists have unreasonable expectations of people and situations. Resorting to eminent domain because the FMDA feels they are entitled to land and unquestioning compliance with their proposed project, wherein, landowners are expected to acquiesce to FMDA unrealistic wishes and timelines.

Isn’t it time to hold “the disingenuous” – Darrell Vanyo, Diversion Chairman and his “ilk” to their word and make those targeted for eminent domain and water easements as “whole” as the allowances being granted to proponents aligned with the economic development?

Wait a minute…, that’s right, in North Dakota – private property cannot be taken for economic development projects, including an increase in tax base, tax revenues, employment, or general economic health…

Flood Protection = Protection for existing infrastructure.
Economic Development = Protection for future infrastructure.

Hmmm…

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One Response to “ Narcissistic Negotiations ”

  1. Reduction of costs to develop flood plan land is not a public purpose.

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