Land Acquisition. The Commission shall not have the power of eminent domain. The member governmental units agree that any and all easements or interest in land which are necessary will be negotiated or condemned in accordance with Chapter 117 of the Minnesota Statutes by the unit wherein said lands are located, and each member agrees to acquire the necessary easements or right of way or partial or complete interest in land upon order of the Board of Commissioners to accomplish the purposes of this agreement. All reasonable costs of said acquisition shall be considered as a cost of the improvement. If a member governmental unit determines it is in the best interests of that member to acquire additional lands, in conjunction with the taking of lands for storm and surface drainage or storage, for some other purposes, the costs of said acquisition will not be included in the improvement costs of the ordered project. The Board in determining the amount of the improvement costs to be assessed to each member governmental unit may take into consideration the land use for which said additional lands are being acquired and may credit the acquiring municipality for said land acquisition to the extent that it benefits the other members of this agreement. Any credits may be applied to the cost allocation of the improvement project under construction or the Board if feasible and necessary may defer said credits to a future project. If any member unit refuses to negotiate or condemn lands as ordered by the Board, any other member may negotiate or condemn outside its corporate limits in accordance with the aforesaid Chapter 117. All members agree that they will not condemn or negotiate for land acquisition to pond or drain storm and surface waters within the corporate boundaries of another member within the ▇▇▇▇▇▇▇ Creek watershed except upon order of the Board of this Commission. The Commission shall have authority to establish land acquisition policies as a part of the overall plan. The policies shall be designed to equalize costs of land throughout the watershed. Said policy is contained in the existing watershed management plan and may be continued in any revised overall plan required by Minnesota Statutes.
Appears in 3 contracts
Sources: Joint Powers Agreement, Joint and Cooperative Agreement, Joint and Cooperative Agreement
Land Acquisition. The Because the Commission shall does not have the power of eminent domain. The member governmental units to acquire real property, the Members agree that any and all easements or interest interests in land which are necessary for any project will be negotiated or condemned in accordance with Chapter 117 of the Minnesota Statutes all applicable laws by the unit Member wherein said lands are located, and each member Member agrees to acquire the necessary easements or right of way or partial or complete interest interests in such land upon order of the Board of Commissioners Commission to accomplish the purposes of this agreementAgreement. All reasonable costs of said acquisition shall will be considered as a cost of the respective improvement. If a member governmental unit Member determines it is in the best interests of that member Member to acquire additional lands, lands in conjunction with the taking acquisition of lands for storm and surface drainage or storagethe Commission-ordered improvement, for some other purposespurpose, the costs of said acquisition will not be included in the improvement costs of the ordered projectproject and the Commission will not reimburse such costs. The Board in determining the amount allocation of the improvement costs to be assessed to each member governmental unit may take into consideration the land use for which said additional lands are being acquired and may credit the acquiring municipality Member for said land acquisition to the extent that it benefits the other members Members of this agreementAgreement. Any credits may be applied to the cost allocation of the improvement project under construction or the Board Board, if feasible and necessary may defer necessary, ▇▇▇ ▇▇▇▇▇ said credits to a future project. If any member unit Member refuses to negotiate or condemn lands as ordered by the Board, any other member Member may negotiate or condemn outside of its corporate limits in accordance with the aforesaid Chapter 117applicable laws. All members Members agree that they will not condemn or negotiate for land acquisition to pond or drain storm and surface waters within the corporate boundaries of another member within the ▇▇▇▇▇▇▇ Creek watershed Member except upon order of the Board of this CommissionBoard. The Commission shall have has authority to establish land acquisition policies as a part of the overall planWatershed Management Plan. The policies shall must be designed to equalize costs of land throughout the watershed. Said policy is contained in the existing watershed management plan and may be continued in any revised overall plan required by Minnesota StatutesWatershed.
Appears in 2 contracts
Sources: Joint Powers Agreement, Joint Powers Agreement
Land Acquisition. The Commission LRRWMO shall not have the power of eminent domain. The member governmental units Member Cities agree that any and all easements or interest interests in land which that are necessary will be negotiated or condemned in accordance with Minnesota Statutes, Chapter 117 of the Minnesota Statutes by the unit Member City wherein said lands are located, and each member Member City agrees to acquire the necessary easements or right of right-of-way or partial or complete interest in land upon order of the Board of Commissioners to accomplish the purposes of this agreement. All reasonable costs of said acquisition shall be considered as a cost of the improvement. If a member governmental unit Member City determines it is in the best interests of that member Member City to acquire additional lands, in conjunction with the taking of lands for storm and surface drainage or storage, for some other purposes, the costs of said acquisition will not be included in the improvement costs of the ordered project. The Board in determining the amount of the improvement costs to be assessed to each member governmental unit Member City may take into consideration the land use for which said additional lands are being acquired and may credit the acquiring municipality Member City for said land acquisition to the extent that it benefits the other members of this agreementMember Cities. Any credits may be applied to the cost allocation of the improvement project under construction or the Board Board, if feasible and necessary may defer necessary, ▇▇▇ ▇▇▇▇▇ said credits to a future project.
(b) Negotiated Amount. A negotiated amount to be arrived at by the Members who have lands in the subdistrict responsible for the capital improvement. If any member unit Member City refuses to negotiate or condemn lands as ordered by the Board, any other member Member City may negotiate or condemn outside its corporate limits in accordance with the aforesaid Minnesota Statutes, Chapter 117. All members Member Cities agree that they will not condemn or negotiate for land acquisition to pond or drain storm and surface waters within the corporate boundaries of another member Member City within the ▇▇▇▇▇▇▇ Creek watershed Lower Rum River Watershed except upon order of the Board of this CommissionBoard.
(c) Tax Capacity and/or Total Area. The Commission LRRWMO shall have authority to establish land acquisition policies as a part of the overall plan. The policies .
(1) Fifty percent of all capital costs or the financing thereof shall be designed apportioned to equalize costs each Member on the basis of land throughout the watershed. Said policy is contained net tax capacity of each Member within the boundaries of the Watershed each year to the total net tax capacity in the existing watershed management plan and may be continued in any revised overall plan required by Minnesota StatutesWatershed.
Appears in 1 contract
Sources: Joint Powers Agreement