Takings | FMDam.org

Defending Richland and Wilkin counties February 7th, 2013

February 13, 2013May 30, 2013adminLeave a Comment

U.S. Army Corps of Engineers: “Impacts outside the areas Fargo decided to compensate, designated as the “staging area,” will be evaluated on a “taking” basis. This is just code for “we’re not going to pay for any impacts until/unless you sue us and prove we caused it.”

Declaration of Rights: Article 1 Section 16

May 13, 2012May 14, 2012adminLeave a Comment

North Dakota State Constitution Article 1: Section 16 Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into court for the owner, unless the owner chooses to accept annual payments as may be provided for by law. No right of way shall be […]

Is it true that property in the proposed buyout area has no value and cannot be sold?

March 5, 2012March 6, 2012adminLeave a Comment

Each property has value and that value shall be determined as though no project were considered. The Fifth Amendment to the U.S. Constitution requires the government to provide just compensation to the owner of the private property to be taken. What is unique about the Fargo Moorhead Dam and Diversion is the unjust relocation of the natural floodplain, in violation of Executive Order 11988, causing new potential flood impacts onto property owners, many of whom, that derive their lively-hood from the land being force-ably taken.

Special Meeting

January 26, 2012February 27, 2012Admin2Leave a Comment

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. […]

Takings under the Fifth Amendment

January 3, 2012February 27, 2012Admin21 Comment

Mitigation of the impacts related to the Fargo Dam and Diversion are determined by various means depending on where the impacts are located and the amount of impacts imposed. “Takings” are the methodology for determining mitigation of impacts to those areas outside of the designated staging area. From the DEIS July 2011, Comments and Response Appendix […]