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.”

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

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.

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.

“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.”

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.

“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.