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County rolls Twin dice, again

Hennepin County Commissioner Mike Opat said last week that the county has “no plans” to act on a revised offer from owners of the land already under construction for the new downtown Twins ballpark.

“We have received a letter [containing the new proposal] from Land Partners, but we have no plans to act on it,” Opat said.

A panel of three special commissioners last month set the disputed price for the land in the Minneapolis Warehouse District at $23.8 million, $10 million more than the county’s $13.8 million deposit it made in April to initiate “quick take” eminent domain proceedings. Land Partners II, the consortium that represents some 70 investors who own the land, was looking for $65 million.

But the panel’s $23.8 million assessment was not unanimous. One judge, Larry Tucker, a licensed appraiser with 30 years experience, wrote a dissenting opinion saying that the land is worth $33.2 million, according to court records.
“We based our revised offer on Commissioner Tucker’s assessment,” said Land Partner’s representative, Rich Pogin. Pogin, along with business partner, Bruce Lambrecht, are the ones who originally sold the State of Minnesota and its governor, Hennepin County and its board, and the City of Minneapolis and its council and mayor on an idea called “Twinsville.”

In February of 2004 Pogin and the City of Minneapolis made a reported deal for $12.95 million and the exchange of some potentially rich real estate in the up-and-coming Warehouse District. After that plan expired early in 2005 with no public funding forthcoming at the time from state legislators, Hennepin County commissioners became involved and soon let it be known that they were considering eminent domain as a game plan for securing the land. Last summer, Hennepin County Commissioners voted 4-3 to impose a 0.15 percent sales tax to finance three-quarters of the stadium’s $522 cost.

Flash forward to September 2007 and Hennepin County’s options seem to be draining away with the sands of time. If it sticks to its guns and ignores Land Partners’ new offer—as Commissioner Opat has suggested—they risk Land Partners appealing the panel’s judgement. And with another week or so to make that decision and the dissenting appraisal behind them, that would be a good bet.

Also, because of a provision in eminent domain law, if the assessed price exceeds 40 percent of the county’s original offer it is responsible for not only its own legal fees but Land Partner’s legal fees, as well.

Funds for the county’s legal bill come out of the infrastructure or ballpark fund and are currently capped by contract with its legal representatives at $950,000, according to Opat.

Reportedly, Land Partners has currently assessed somewhere between $2 and $2.5 million for its legal representation.

“At this point the county is responsible for both parties’ legal fees,” said Opat.
And those fees would escalate for both the county and Land Partners if the case is, in fact, appealed. And as to the final price tag the court puts on the ballpark site and how that will affect plans for the Twins’ stadium?

“Land Partners has a fiduciary responsibility to get as much money as they can for the people they represent,” said Dave Bicking, former candidate for city council and long-time stadium deal watcher.

“I don’t disagree with that,” said Opat.

“Of course, as time goes on, we’ll have to settle for the ballpark we can afford,” said Steve Cramer, president of the Minnesota Ballpark Authority.
“Streetscapes could be cut back,” said Dave St. Peter, president of the Minnesota Twins.


 

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