Note: The Landowner Program book is available at the Mankato public library.
TABLE OF CONTENTS
LANDOWNER ADVISORY COMMITTEE AGREEMENTS
The following three (3) documents provide examples of some of the basic components of DM&E Railroad's landowner outreach program. The first two (2) documents in this handout were negotiated between the Landowner Advisory Committee (which is made up of eight landowners from South Dakota and Wyoming whose land would be involved in the new construction extension of the DM&E Railroad). The last document was not negotiated, but developed exclusively by the Landowner Advisory Committee.
1. Appraisal Agreement. The first document, entitled "Access Agreement and Plan for Compensation/Mitigation Proposal" is basically an agreement requiring DM&E to pay for appraisal and other costs associated with developing a landowner-specific proposal. The appraisers employed pursuant to that agreement were selected by the Landowner Advisory Committee.
2. Compensation and Mitigation Agreement. The second document entitled "Access Agreement and Plan for Compensation/Mitigation Proposal" is a compensation and mitigation agreement "boiler plate", which is intended to be tailored to individual landowner operations. It specifies the types of compensation to be paid, which includes that which is required by law, in addition to a series of bonus payments over and above that which is required by law. It also addresses mitigation issues ranging from stock crossings to fencing to noxious weed control to fire hazzard liability to utility crossings and a host of other issues. For each of these, the agreement either tailors is to specific landowner requests or includes a level of mitigation commitment by DM&E that is significantly above normal industry standards or legal requirements.
3. Landowner Views. The third document entitled "Landowner Advisory Board Committee Report" is an explanation of the compensation and mitigation agreement that was written by the Landowner Advisory Board, along with their thoughts and recommendations to various entities (including DM&E, the STB, and fellow landowners).
4. Trespass Policies. The fourth section contains two (2) documents relating to DM&E trespass policies.
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