Property Rights Acquisition Plan

Overview of the Property Rights Acquisition and Mitigation Plan

As outlined within the FEIS, the Project would have various environmental effects and require various property rights. These impacts, property needs, and mitigation needs were updated through the 2013 Supplemental Environmental Assessment and the 2018 Supplemental Environmental Assessment.

The Metro Flood Diversion Authority (Diversion Authority) has prepared a Property Rights Acquisition and Mitigation Plan to document the property rights acquisition and mitigation policies that will be followed for the Fargo-Moorhead (FM) Area Diversion Project (Project).

The Property Rights Acquisition and Mitigation Plan has been drafted in coordination with the US Army Corps of Engineers (USACE), and in consultation with the North Dakota State Water Commission (NDSWC) and the Minnesota Department of Natural Resources (MDNR), along with input from The Diversion Authority’s Land Management Committee and the Agricultural Policy Subcommittee.

PROPERTY ACQUISITION PROCESS

How was it developed?

  • Federal and state laws
  • Permit conditions
  • Previous water resource projects that included property acquisition

Key components of implementation

  • Being fair, friendly, and flexible
  • Compensation through purchase of property rights
  • Market-based appraisals

AGRICULTURAL OPERATIONS

How was it developed?

  • Multiple studies, including two from NDSU about potential impacts
  • Input from agriculture-based stakeholders
  • Input from the Ag Policy Subcommittee of the Diversion Board
  • Permit conditions

Key components of implementation

  • Compensation through purchase of property rights
  • Post-Operation cleanup
  • Summer Operation Supplemental Crop Loss Program
  • Early Acquisition to Reestablish Organic Farms
  • Market-based appraisals

RURAL IMPACT MITIGATION PROGRAM

Farmstead Re-Establishment Program

How was it developed?

  • Federal and state laws
  • Phased study of comparable projects nationwide through Crown Appraisals
  • Permit conditions

Key components of implementation

  • Compensation through the purchase of property rights
  • Market-based appraisals

FLOWAGE EASEMENTS

How was it developed?

  • Federal and state laws
  • Phased study of comparable projects nationwide through Crown Appraisals
  • Permit conditions

Key components of implementation

  • Compensation through purchase of property rights
  • Market based appraisals

POST PROJECT OPERATION CLEANUP & REPAIR

How was it developed?

  • Evaluating post-flooding operations from other entities like FEMA
  • Input from stakeholders and public comments
  • Permit conditions

Key components of implementation

  • Cleanup operations for private and public lands after the Project operates

DISPUTE RESOLUTION BOARD

How was it developed?

  • Evaluating other projects like the Devils Lake outlet project
  • Input from stakeholders and public comments

Key components of implementation

  • Administrative process for property owners to bring forward claims of damage caused by the Project not previously compensated through a property right

Other Property Rights Acquisition and Mitigation Plan Considerations

Throughout the Property Rights Acquisition and Mitigation Plan, the Project is commonly referred to as the ‘FM Area Diversion Project’, but it should be noted that USACE, other agencies, and certain documents identify the Project as the ‘Fargo-Moorhead Metro Flood Risk Management Project’.

It should also be noted that the Project being referenced in the Property Rights Acquisition and Mitigation Plan is a refined and updated version of the Project that the Diversion Authority submitted to MDNR as part of a permit application. The refinements and updates include a mirco-sited alignment of the southern embankment and updated hydraulic modeling. The Project is considered “Plan B”, and is intended to be consistent with the recommendations of the Governors’ Task Force.

The Property Rights Acquisition and Mitigation Plan is intended to be a living document that will be reviewed and amended periodically as additional information and operations prompt updates.

The Property Rights Acquisition and Mitigation Plan contains information about the acquisition of property rights needed for the Project and property mitigation programs. This document is a compilation of a series of plans for a variety of topics. Collectively, the individual topics contained within this document serve as the comprehensive Property Rights Acquisition and Mitigation Plan for the Project.

Overview of the Property Rights Acquisition and Mitigation Plan