Feb. 6 at 7:00 PM there is a special meeting at the Community Center, Christine, ND for all MnDak Upstream Coalition members, Kindred, Bakke, Okbow residents and any others effected by this project.
John C. Kolb, Attorney with Rinke Noonan has agreed to speak to the issue of property acquisitions necessary for the FM dam/diversion. This law firm has had experience in this field and they served us well with the well thought out comments to the SEIS. We are asking for their consultation to clarify the procedures FM Metro group, now the Diversion Authority, will try to use to take our homes.
Among the many questions needed to be answered:
When is the project ripe for an injunction?
What are the procedures for condemnation?
What are the financial implications, capital gains with voluntary buyouts as opposed to condemnation?
What and how do the relocation procedures work under condemnation?
What rights do we have under condemnation, finding suitable replacement properties and relocation costs?
How do we obtain just compensation under the Fifth Amendment for takings outside of the delineated staging area?
Please see the PL 91-646 << Read US Code >>
Please have questions ready as this may be the most important meeting of this fight to save our homes.
Note From the FEIS July 2011
Appendix p “1.8.9 Voluntary versus mandatory”
Voluntary is always the preferred method of implementation. However, often with voluntary participation by property owners within the normal timeframe of Corps project implementation, not all property owners desire to participate. If this is the case, mandatory implementation may be needed in order to achieve the overall objectives of the project. If mandatory, the local community may have to exercise condemnation authority. This is generally politically unacceptable unless proper State, local government, property owner, media, and political coordination has occurred to achieve “buy in” to that concept.”
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