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North Dakota court puts the brakes on ‘quick take’ in diversion land case

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North Dakota court puts the brakes on ‘quick take’ in diversion land case


FARGO — The North Dakota Supreme Court docket has reversed a decrease court docket and concluded that officers have been improperly utilizing a streamlined eminent area course of known as “fast take” to acquire a farmstead for the metro flood diversion challenge.

The Supreme Court docket dominated unanimously that the Cass County Joint Water Useful resource District, which is buying land for the $3.2 billion challenge, should use the usual eminent area course of to amass land and different property owned by Gene and Brenda Sauvageau.

“They’re validating landowners’ rights,” Money Aaland, the Sauvageaus’ lawyer, mentioned Monday, Might 16, in response to the Supreme Court docket’s choice. Aaland mentioned the water useful resource district was utilizing the fast take course of to stress the Sauvageaus into accepting an unfair provide.

“They’re not negotiating in good religion,” he mentioned, including that the North Dakota Supreme Court docket now has dominated twice that the district was performing improperly in buying land. “You have got a sample right here of Cass Joint violating landowners’ rights.”

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Water useful resource district officers have extensively used the fast take course of to amass property for the diversion challenge. Aaland and the diversion’s land acquisition officers gave differing views of how sweeping the Sauvageau choice could be in shaping future land negotiations.

The streamlined fast take course of is improper within the Sauvageaus’ case as a result of officers weren’t merely buying an easement or proper of means, or a parcel or strip of land, however to amass all of their property, Justice Daniel Crothers wrote within the opinion.

“The District’s taking right here goes past the scope of (the legislation) for buying a proper of means easement by fast take,” the opinion added. The water useful resource district should use the much less expedient full eminent area course of when “buying a better curiosity in property,” the justices dominated.

“By labeling the curiosity within the Sauvageaus’ property as a ‘everlasting proper of means easement,’ the District is trying to evade the necessities and property house owners’ protections” supplied by the legislation, the choice concluded.

The Sauvageaus personal

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7.8 acres of land and different property

close to St. Benedict Church in rural Cass County, together with a home and enormous storage, that the water useful resource knowledgeable the couple it wanted in October 2021.

In November 2021 the water useful resource district notified the Sauvageaus that they have been required to vacate their property by March 15, however the North Dakota Supreme Court docket blocked the eviction and dominated on April 28 within the Sauvageaus’ favor.

Gene and Brenda Sauvageau, who personal a farmstead close to Horace, North Dakota, have argued in court docket that officers buying land rights for the metro flood safety challenge gave preferential remedy to householders in Oxbow, a rustic membership neighborhood south of Fargo. Diversion officers counter that Oxbow was a novel scenario and say they’re following the legislation.

Submitted photograph

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The water useful resource district is providing $460,000 for the property, which it mentioned is the appraised worth, however the Sauvageaus have rejected the provide and say in addition they are legally entitled to relocation help.

Earlier, the water useful resource district paid beneficiant relocation help for about 40 householders within the Oxbow subdivision close to the Oxbow Nation Membership. Citing one instance, the house owner not solely was paid $600,000 for the house, however one other $700,000 for relocation help, since no different properties have been accessible within the subdivision.

Against this, the Sauvageaus and different rural householders usually are not being provided relocation funds, Aaland mentioned. In Stanley Township, the place the Sauvageaus stay, zoning guidelines require properties to occupy numerous not less than 10 acres, he mentioned.

“We’re in search of a good deal for our shoppers,” Aaland mentioned, including that the Sauvageaus are asking for relocation funds which are lower than these paid to the Oxbow householders. He declined to reveal what the Sauvageaus are asking in compensation.

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“We’re going to litigate this till we get a good deal,” Aaland mentioned, noting that the Supreme Court docket’s rejection of the expedited fast take course of within the Sauvageau case means the water useful resource district should change the best way it negotiates with landowners.

“They need to redraw their complete process,” he mentioned. As a substitute of depositing the appraised worth with the court docket after which having access to the land, the district should negotiate underneath the usual eminent area course of, Aaland mentioned.

“They’ll’t do that anymore,” he mentioned. Any instances that find yourself going to trial will take a very long time to resolve, Aaland mentioned, noting that land compensation dispute trials involving the diversion challenge now are being scheduled in 2024.

“They should respect landowners’ rights and deal with them honest,” he mentioned. “Proper now they’re being predatory.”

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Sauvageau shop.jpg

A store on the virtually 8-acre farmstead belonging to Gene and Brenda Sauvageau close to Horace, North Dakota. Their property is one among about 30 going through “fast declare” eminent area to acquire land rights for the metro flood management challenge.

Submitted photograph

In buying land for the diversion, the water useful resource district has “utilized the identical authorized ideas to all impacted events, to incorporate the chance for negotiations in addition to entry to mitigation packages and relocation help,” Jodi Smith, director of lands and compliance for the Metro Flood Diversion Authority, mentioned in an announcement.

As of Monday, 27 eminent area instances filed by the water useful resource district towards Cass County landowners have been pending. “We’ve dozens of shoppers that aren’t even in litigation but,” Aaland mentioned, together with property for which the diversion is in search of flowage easements, which might enable water to pool quickly on their land when the challenge operates throughout excessive floods.

Smith mentioned the Supreme Court docket’s choice within the Sauvageau case is not going to require the water useful resource district to overtake the best way it negotiates to amass land.

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“The Sauvageau choice is narrowly tailor-made to the property of Gene and Brenda Sauvageau, which is factually totally different from different properties” being acquired for the diversion challenge, she mentioned.

Underneath the court docket’s choice, the district should use common eminent area procedures to amass the Sauvageaus’ property, Smith mentioned.

051722.N.FF.QUICKTAKE.2

Staff put together abutments within the diversion inlet construction for the set up of floodgates Monday, Might 16, 2022, south of Horace, North Dakota.

Michael Vosburg/The Discussion board

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F-M flood diversion map.PNG





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North Dakota

North Dakota University System Chancellor moving to another job

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North Dakota University System Chancellor moving to another job


BISMARCK, N.D. (KFYR) – North Dakota University System Chancellor Mark Hagerott will be moving to other job opportunities.

The chancellor released this statement about his work for the state: “It has been wonderful to be the chancellor and lead the North Dakota system for almost a decade. I am proud of the work we have done as a system during my tenure. I look forward to ensuring the continued success of the students we serve by assisting the Board during the upcoming legislative session.”

Hagerott said he will continue to serve the state of North Dakota as a professor of artificial intelligence and human security.

State Board of Higher Education Chair Tim Mihalick said the State Board of Higher Education is thankful for his leadership: “He has provided a systemwide vision to higher education that is student-centric and fiscally responsible. We look forward to continuing our work together through the next year and a half, to include the upcoming legislative session, and persisting in our shared systemwide higher education goals.”

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He said his transition to teaching will be beneficial to the state in the future.



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Doug Burgum net worth: How North Dakota governor made his millions

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Doug Burgum net worth: How North Dakota governor made his millions


Analysts think Doug Burgum could be named as former President Donald Trump’s running mate, sparking widespread interest in the North Dakota governor’s life, career, background and finances.

The 67-year-old has governed the state since 2016, but before entering politics he was a well-known businessman and led a software company that was acquired by Microsoft for more than $1 billion. Other business interests boosted his bank balance too; he spent millions on his own White House bid last year, briefly trying to run against Trump before dropping his plans and throwing his weight behind the former president.

Now Burgum’s name has been cited by several political commentators compiling lists about who may be chosen as Trump’s for Republican vice presidential candidate and bookmakers have said the odds are firmly in his favor. Being awarded the role would automatically create a favorite for the 2028 Republican nominee for president if Trump were to win and complete his second allowed term.

North Dakota Governor Doug Burgum visits “The Big Money Show” at Fox Business Network Studios on June 13 in New York City. Burgum could be named as former President Donald Trump’s running mate, sparking widespread…


Steven Ferdman/Getty Images

With just weeks to go until the GOP convention, political news outlet The Hill said Burgum was in the top three “most likely” contenders, along with senators J.D. Vance of Ohio and Marco Rubio of Florida.

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Business magazine Forbes estimated last November that Burgum is a worth $100 million “at least.” The magazine said he is worth much more than his financial disclosures would suggest, though, because some of his riches are likely to have been disbursed in trusts for his three grown children.

The governor had relatively humble beginnings, working in his family’s grain elevator business through school and college at North Dakota State University, then becoming a chimney sweep before entering an MBA program at Stanford University.

Following the $1.1 billion sale of Great Plains Software in 2001 to the tech giant, Burgum became a senior vice president at Microsoft and was awarded more than 1.7 million Microsoft shares, which then were worth roughly $100 million, according to Forbes. He later left the firm and over the coming decades sold stock regularly as well as undergoing a costly divorce from his first wife, meaning that today the Microsoft stock is just a tiny fraction of his overall portfolio and is worth up to a $1 million.

But Burgum branched out into a string of other business ventures. He has also worked in real estate development and venture capital.

Some analysts have said money is a key factor playing to Burgum’s advantage because he appears to have been modeled in Trump’s own image. He has “two things Trump wants: a fat wallet and thick hair,” Bloomberg columnist and former political reporter Patricia Lopez joked in an opinion piece on Sunday.

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While the Associated Press said: “Trump likes rich people. North Dakota’s two-term governor is most definitely rich.” Burgum and his wife, Kathryn, who are said to be extremely friendly with Trump and his team, would bring “money and rich friends to the table.”

Burgum has remained tight-lipped about the VP situation, but he has been a regular face on TV screens as he campaigns for Trump.

Trump told reporters in Philadelphia this weekend that he had chosen who he wanted to join him on the Republican ticket for November’s election but added that he had not yet revealed his choice to anyone.

Newsweek has reached out to Burgum via the governor’s office seeking further information and comment.

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2 years later, how the U.S. Supreme Court overturning Roe vs. Wade has affected the area

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2 years later, how the U.S. Supreme Court overturning Roe vs. Wade has affected the area


FARGO — Overturning Roe vs. Wade on June 24, 2022, had major impacts for North Dakota.

“So within a few days of that, the Attorney General certified the trigger ban, and a 30-day time clock started running in North Dakota,” said Tammi Kromenaker, Red River Women’s Clinic director.

The trigger law prohibits abortion at all stages of pregnancy, except in the case of death or serious health risk.

“We had managed to get an injunction on the trigger ban, so it didn’t go into effect at the end of July,” said Kromenaker.

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The ban prompted the state’s only clinic to provide abortions in downtown Fargo to make a move across the Red River into Moorhead.

The former building for the Red River Women’s Clinic that’s been in downtown Fargo for 24 years saw its last patient on August 3, 2022.

Kromenaker said the new location in Moorhead saw its first patient on August 10, 2022.

“We’re seeing about 10 to 15% more patients each week at our new space,” said Kromenaker.

She says no 24-hour waiting period is behind the increase and they’re expecting more patients from Iowa once that state’s six-week ban goes into effect.

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“Many of our patients face a lot of economic obstacles. Our waiting room is often filled with a you know, cross section of our demographics that we serve in this area,” said Kromenaker.

The Red River Women’s Clinic is actively involved in a lawsuit with several OBGYN physicians in North Dakota against the state of North Dakota over

SB 2150

, which passed in 2023.

Twenty-one states have passed abortion bans, including North Dakota. It’s something executive director Bridget Turbide of North Dakota Right to Life has fought for for years.

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“We have a public that is very pro-life,” Turbide said.

She says abortion bans across the country push them to focus more on educating mothers and funding pregnancy centers.

“We have pregnancy centers throughout the state that we really try to steer people towards. They help with everything from parenting classes to providing strollers, providing diapers, providing free ultrasounds, pregnancy tests,” said Turbide.

Despite the decision two years ago, it’s a fight that continues for both sides.

The Red River Women’s Clinic is working with state lawmakers for Medicaid reimbursements and the North Dakota Right to Life is working to bring educational training in 2025.

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My name is Anne Sara, better known as Sara.
I was born an only child in Port-au-prince, Haiti and moved to the U.S at the age of 2.
Philadelphia, Pennsylvania is where I was raised.
After graduating with my bachelor degree at Albright College, I moved to Florida to continue my studies.
WDAY is the reason why I moved to North Dakota.





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