One component of the FM Area Diversion Project is the acquisition and management of land needed or impacted by the Project. A general overview of the process used when property needs to be acquired. For more information about this process, contact us via email, or by phone at (701) 298-2381.
Property Acquisition Process
DESIGN SHOWS NEED FOR PROPERTY RIGHTS
The Project Designers (U.S. Army Corps of Engineers, Diversion Authority consultants, or the P3 Developer) inform the Program
Management Consultant (PMC) of required property rights needed for the Project.
DIVERSION AUTHORITY APPROVAL TO BEGIN
The Diversion Authority Finance Committee reviews the need for property rights, along with the budget, and if approved, approves a Land Acquisition Directive for the Cass County Joint Water Resource District (CCJWRD). CCJWRD is the designated acquiring agent for property rights in North Dakota for the Project.
INITIAL CONTACT WITH PROPERTY OWNER
The PMC directs Land Agents, who are contracted to CCJWRD to make initial contact with property owners, and serve as a point of
contact through the acquisition and relocation process. The Land Agents will guide the property owners throughout the process.
RIGHTS OF ENTRY REQUESTED TO SURVEY PROPERTY
A Right of Entry may be needed to conduct a property survey, which defines the exact location of the necessary property rights.
DETERMINATION OF FAIR MARKETY VALUE
An appraisal of the property rights required for the project is ordered from a qualifi ed and licensed appraiser. Th e appraisal must follow state and federal standards. Th e draft appraisal report is submitted for review to ensure consistency of methodology, quality assurance, and conformance with state and federal standards.
OFFER OF JUST COMPENSATION
The reviewed appraisal report and the value of Just Compensation is approved by the CCJWRD in accordance with state and federal law prior to submitting an off er of Just Compensation to the property owner. If the property rights require acquisition of a residence, relocation benefi ts will also be off ered to the displaced person(s). Relocation benefi ts include the cost to move into a similar home that is decent, safe, and sanitary.
PURCHASE LEASE AGREEMENT AND NEGOTIATIONS
The Land Agent will present a Purchase Agreement to the property owner for review and consideration. Th e Land Agent will work with property owners to review the Purchase Agreement and negotiate the most equitable acquisition terms for all parties involved. If the owner accepts the off er, the purchase agreement is signed and a closing date is set.