Judge: Eminent domain claim for diversion project not proper

FARGO, N.D. (AP) — A judge says a group attempting to acquire property from a Fargo-area landowner as part of a Red River diversion project has not properly stated its claim of eminent domain.

The Cass County Joint Water Resource District is seeking to acquire about 160 acres of land in Horace that diversion backers say is needed for an inlet structure. The landowner, Donald Cossette, did not accept the district's final offer of more than $476,000.

East Central District Judge John Irby says the district failed to meet several requirements for the so-called quick take acquisition. Irby says the district must amend its complaint.

In a separate action, Irby denied Cossette's motion to dismiss the quick take proceedings.

Read more: http://www.wahpetondailynews.com/judge-eminent-domain-claim-for-diversion-project-not-proper/article_c9537748-6607-11e6-b677-c77c0e04654b.html