Hennepin County/Minnetonka Threatening Eminent Domain Again!!!

[jhals68]

I am looking for advice on what to do. Hennepin county is widening Shady Oak Rd from Excelsior Blvd to @ Hwy 62. Included in the project is a plan to widen/clean out a creek that runs through my backyard, to improve rainwater overflow that dumps in to Shady Oak Lake. In order to do this, they are going to clear cut @ 40 trees from the back of my property. These trees are the only privacy I have from a heavily used biking/walking trail. The county wants to do a temporary easement (27 months) that gives them the right to cut all my trees and replace them with grass seed. I received an offer from them for "partial loss of existing trees" only to have the guy come out today and tell me that they were taking all of them down. If anyone has had to deal with the county on issues like this, I could use any advice you might have. The last thing the guy had to say was "I don't want to have to put you on the docket for Eminent Domain proceedings".

Thanks

[Black_Bay]

Recently I've had some dealings with the city I live in. My advise is not to let these people push you around. They depend on you to give in. Get a lawyer and have them send a bill for the loss of trees.

[Shack]

I would personally be polite and courteous. If he comes out, try to strike common ground and bleed in your concerns during this. The last thing you want is make him mad. Offer a beverage or something when he comes out. Also be active in council meeting and city planning meetings. Do not be afraid to speak your voice, but not in a threating tone. Try to meet with council members on a personal level and talk with them. Talk to mayor. Offer to take them out to lunch. The powers to be are there for the time being. You are realistically nothing to them, unless you become there friend. Also when work crew shows up, tell them if they do a good job you will buy them pizza for lunch. This is how big business works to get what they want in a community. It will work for you if you put the effort into it. It is always a good idea to consult with lawyer for more advice. This all may cost a couple of buck, but hopefully in the end you will get more of what you want than not. Good luck!

[dogs]

worked for government for 20+ years. GET SOME GOOD GOOD LEGAL COUNCIL. Find out if any state money or more precisly who is paying for this. If state get your reps. involved as soon as possible. Being nice to the peons doing the work won't get you anything but here is your screwing, sorry, this would suck if was in my back yard. Been there both sides.

Not only have I built roads all over the metro and been part of the aquistion proccess and watched good people really get hosed, while some dink got thousands in "damages" or "loss" for something that was not damaged or even theirs. Why because they worked the system. I also have the same exact thing happen to me with a bike trail put in along my property line and another project where they had a drainage easement on my property tried to ram something up me. Be courteous, but be firm get everything in writing and if I do this ever again I would tape record as much as I can. Call in some favors from friends and have them call their local reps. if they are in common with yours. Layout a plan and work it, government thrives on apathy. Go over the little guy's head. Phone calls from officials on top and law suits scares the he!!

out of a middle managent in government. Officials on top will throw a load of money at sore spot to make it go away. They see it as a opportunity to gain a vote with someone else's money.

Good Luck

[dogs]

Sorry about the double post, but "I don't want to have to put you on the docket for Eminent Domain proceedings".

A threat like that is so wrong in so many ways. Sounds like you have at best a 30lb chimp you thinks he is the Proverbial 800lb Government Gorilla. Get him to put that in writing.

[McGurk]

Devil's advocate opinion coming:

The reasoning for this work to be done in the first place must be to prevent flooding of roads and/or private/public property. You live along the edge of a creek that has water directed to it to clear out dry land, and keep it dry by putting it into Shady Oak Lake. Who's to say that the bank wouldn't erode and take those trees down in a storm event (There was a lot of flooding in 1987, and that wasn't too long ago) or flood your house in addition. Acts of God don't replace trees, this does.

I have no personal interest one way or the other, but if they are building up the creek's capacity for flowage, there must be some intent other than to cut down your trees. We've done a lot of work on Nine Mile Creek in Bloomington For these exact reasons. Water has to go somewhere; actively trying to get it to storm water retention ponds and lakes when it's dry keeps it our of your basement when it's wet. Seems like a horrible thing now, but after the 1"/hour storm event comes and that creek is creeping up higher and higher, you'll thank them.

Frankly, I'd rather see them work on that than a bike path anyday.

[Shack]

Inner city politics may be a different ball game. Out in the country (outer suburbs now) aggression seems to have to opposite effect “from my point of view at least”. I grew up and lived in Elk River for all of my life. I will use a certain fairly current issue as an example. The city was back flushing sewer mains. Unfortunately a one way sewer valve failed and flooded a person’s basement with raw sewage. They had many items down there and it was a total loss. From the get go, the home owner was very aggressive. I could tell at first the city console was sympathetic to what had happened, because the one way valve was the city's property. Possibly assisting in there repair costs. That individual I guess did not have flood insurance and was forced to clean up area and take a loss in damages. Plus also live with the fact of sewage smell in there house. I watched on T.V. as this guy would blow up at council and got his lawyer involved from the start. In the end, the city council turn there feelings to the other side and became defensive. The last I heard the guy was out lawyer fee and still had to clean up sewage. I feel if this guy had approached it much different, he would have got what he wanted. When you start with the “holier than thou” attitude, (again out in the country), people start to get defensive. I guess it does come down to how firm the city lawyer feels about case, but if he feels strong it is going to be a long battle. My parents and I fought the city of Elk River (along with a hole crowd of people) in the 1980’s to prevent the garbage burning plant from coming in our town and living under the smoke and ash of the garbage that they burned. I remember it was a drop down, knock out ordeal. I met state rep. and my father put up funds for a commercial on local T.V. station. Many people put money and time into lawyers and other costs. It was a very aggressive approach. I forget some of the slogans we had when we protested or on signs we put up around town, but it was to the affect of “we not going to take” or “Power to the people”. Well I look at that garbage burning plant every day when I am coming in to go to work. It still happened. The only thing we did do, was really help keep the emissions level down by having them improve the scrubbing mechanism in the release of smoke. In the end, I personally have won similar circumstances as you are in by schmoozing the council and not making them more aggressive and have a chip on there shoulder when you item comes up in there next meeting. I firmly do insist you contact a lawyer. Also, if this does go threw, be nice to workers. When your mean to them and I have know some people who have spit at them (they did not like large 7-10 year assement pay plan) , they tend to do a terrible job and make a bad thing even worse. I tip and offer refreshments for anyone doing something to my land or house. If it is from just the “satellite system installer” to a city or someone doing something in easement area, It gets done much nicer and quicker. Again, Good luck.

[Powerstroke]

I work for the City of Hopkins just north of you and we are dealing with our own changes to the Shady Oak corridor. It will be a major change for some, but all of it is needed to make the road safer and the benefit the watershed as a result of the addition of more road. Roads don't absorb water like dirt so we need to have man-made ways the keep the water moving.

The number one thing to do is to attend meetings. You need to be heard. DOn't yell and screama nd cry, Be polite and firm and bring lots of info. Saying "NO" doens't carry any weight. You need to have research to back your case. If other neighbors are involved try to get with them and create more support. Voices get heard.

If the removal of the trees is needed than I would demand that they reimburse you for the loss of value to your property (trees have dollar values in land value). I would get an appraisal (~$300) for a value with and without the trees. I would also demand that the project replace the trees with some smaller trees or large shrubs that won't interfere with the project, but will provide privacy. Get the opinion of the city forester and maybe hire someone if you have to. Having those kind of sources and recommendations will work in your favor.