Res 71 - 454 Relating to the Acquisition of Land for Open-Space PurposesVillage of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 454
RESOLUTION RELATING TO THE ACQUISITION
OF LAND FOR OPEN -SPACE PURPOSES
WHEREAS, Section 402 of the Housing and Urban Development Act of
1965 requires that, as a condition of eligibility under the Open
Space Land Program, the Village of Mendota Heights (hereinafter
referred to as the "Village") satisfy the Department of Housing
and Urban Development that it will follow certain prescribed
policies in the acquisition of real property by eminent domain;
and
WHEREAS, the HUD Applicant Guide for the Open Space Land Program
Guide 6240.3, dated June 1970, sets forth the content of the land
acquisition policy statement; and
WHEREAS, the Village has made"application to the Secretary of the
Department of Housing and Urban Development to acquire land under
the Open Space Land Program:
NOW THEREFORE, BE IT RESOLVED by the Village Council of the Village
of Mendota Heights as follows:
1) That in the acquisition of real property with Open
Space Land Grant assistance it will:
A. Make every reasonable effort to acquire each property
by negotiation before instituting eminent domain proceedings
against the property.
B. Not require any owner to surrender the right to possession
of his property until the Public Body pays, or causes to be
paid, to the owner (a) the agreed purchase price arrived
at by negotiation, or (b) in any case where only the amount
of the payment to the owner is in dispute, not less than 75
per cent of the appraised fair market value as approved by
the Public Body and concurred in by HUD.
C. Not require any person lawfully occupying property to
surrender possession without at least 90 days written notice
from the Public Body of the date on which possession will
be required.
Adopted by the Village Council of the Village of Mendota Heights
this day of December, 1971.
VILLAGE COUNCIL
VILLAGE OF MENDOTA HEIGHTS
By
Zee r P,r arc/ C.
cic rill Mayor