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<br />I believe the city has some legitimate legal defenses in the event such a claim were to be made. One <br />defense is that this .49 acre parcel is being given to the state under the threat of condemnation. <br />Additionally, the city is continuing to use the remaining part of this land for reforestation purposes. <br />I believe the city would prevail on any such claim but the council should be aware of that possibility. <br /> <br />Recommendation. <br /> <br />It is recommended the city declare this .49 acre parcel as excess property and authorize the Mayor <br />and Deputy City Clerk to execute the appropriate deed transferring title to the state. <br /> <br />The other decision for the city council is whether or not it wants to accept the' $1,300.00 being <br />offered by MNDOT for this .49 acre parcel. Obviously the city can decide to accept it or the city <br />council could decide to transfer the property to MNDOT at no cost since this is a highway <br />improvement project. <br /> <br />Very truly yours, <br /> <br />FLUEGEL & MOYNIHAN P.A. <br /> <br /> <br />Shawn M. Moynihan <br />City Attorney <br /> <br />SMM:ham <br />Enclosure <br />