Fargo, N.D. (KFGO) - A judge says a group attempting to acquire property from a Fargo-area landowner for the Red River Diversion Project has not properly stated its claim of eminent domain.
The Cass County Joint Water Resource District wants to buy about 160 acres of land in Horace that diversion backers say is needed for an inlet structure.
Landowner Donald Cossette did not accept the district’s final offer of more than $476,000.
Judge John Irby says the district failed to meet several requirements for the "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.
Attorneys for the water resource district and Cossette declined to comment.
