RESO 25-085 - Authorizing Eminent Domain for Public Purposes and Offer of Just Compensation to OwnerRESOLUTION NO. 25-085
RESOLUTION AUTHORIZING EMINENT DOMAIN FOR PUBLIC PURPOSES
AND OFFER OF JUST COMPENSATION TO OWNER
WHEREAS, the City Council of the City of Golden Valley, Minnesota (the “City”)
determines that it is necessary and expedient for the public health safety and welfare to
undertake a project to construct a new fire station and related improvements within the City
(the “Project”); and
WHEREAS, it is necessary to acquire fee title to certain real property to construct,
operate, and maintain the Project improvements; and
WHEREAS, the City Council finds that it is reasonably necessary, convenient, and in
the interest of the general welfare that the City acquire for the Project the fee ownership
interests identified in Exhibit A attached hereto (“Property”); and
WHEREAS, the City held meetings, considered multiple potential sites for a new fire
station, and the City Council selected the Property for public health and safety reasons because
it is projected that a fire station in that location will have the lowest response times for calls;
and
WHEREAS, the City Council finds that title to and possession of the Property is required
for the Project and before construction on the Project can begin and before the final report of
the condemnation commissioners to be appointed by the district court; and
WHEREAS, the City has engaged an independent real estate appraiser to provide the
City with the appraiser’s opinion of damages caused by the City’s acquisition of the Property;
and
WHEREAS, City staff and consultants have and will continue to work with the property
owner (“Owner”) to acquire the Property by direct purchase if possible; and
WHEREAS, the City must determine and submit an initial written offer of just
compensation to the Owner covering the full amount of damages caused by the acquisition of
the Property; and
WHEREAS, the Owner may obtain an independent appraisal by a qualified appraiser of
the Property which the City proposes to acquire for the Project; and
WHEREAS, the Owner is entitled to reimbursement for the reasonable costs of the
appraisal from the City up to a maximum of the limits stated in Minn. Stat. § 117.036, provided
that the Owner submit to the City the information necessary for reimbursement.
NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Golden
Valley:
1. The recitals set forth in this Resolution are incorporated into and made part of
this Resolution; and
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Resolution No. 25-085 -2- September 16, 2025
2. The City’s acquisition of the Property is necessary and for a public purpose in
furtherance of the Project; and
3. The proper City officers and agents are authorized and directed to acquire the
Property by voluntary negotiation and, if necessary, through the exercise of
eminent domain; and
4. The City Council hereby authorizes the City Engineer or the proper City officer or
agent to approve the appraisal and staff to negotiate with the Owner relating to
the Property and to acquire the property for the appraised value; and
5. Based upon the estimate of damages from the City’s proposed acquisition of the
Property, the City shall make initial written offers of just compensation to the
Owner for the Property; and
6. The City shall reimburse the Owner for an independent appraisal of damages
from a licensed real estate appraiser to estimate the full amount of damages, and
that, upon the Owner providing to the City a copy of the appraisal report, evidence
of the cost of that report, and evidence of payment of that amount to the
appraiser, the City shall reimburse Owner for the cost of Owner’s independent
appraisal report, subject to the limits stated in Minn. Stat. §117.036; and
7. The law firm of Kennedy & Graven, Chartered, is authorized to commence
eminent domain proceedings on behalf of the City to acquire the Property if it
cannot be timely purchased and to do so pursuant to the “quick take” provisions
of Minnesota Statutes, Section 117.042; and
8. The Mayor and City Clerk are authorized to execute all documents necessary to
effect the acquisition of the necessary property interests; and
9. Pursuant to Minn. Stat. § 462.356, subd. 2, the Planning Commission is directed
to review the proposed acquisition and report in writing to the City Council its
findings as to compliance of the proposed acquisition with the City’s
Comprehensive Plan within 45 days.
Adopted by the City Council of Golden Valley, Minnesota this 16th day of September 2025.
Roslyn Harmon, Mayor
ATTEST:
Theresa Schyma, City Clerk
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Resolution No. 25-085 -3- September 16, 2025
Exhibit A
Lot 1, Block 1, Hipp’s Graceful Plaza Addition, Hennepin County, Minnesota
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