It was nearly a decade ago when Larry Lockhart began fixing brakes and exhaust pipes as a mechanic at Ratzlaff Service in downtown Rosemount.Now, a court ruling could doom his job at the auto repair and truck rental shop to make way for redevelopment.Lockhart knew a downtown Rosemount makeover was in the works for years but wishes it didn’t have to come at the sake of the auto shop.

But the city moved forward loud and clear with redevelopment last week when it filed a petition in Dakota County District Court to use the power of eminent domain to acquire the property - the last one needed for redevelopment.

This is the first time in 23 years Rosemount has used the controversial device to acquire property, City Administrator Jamie Verbrugge said. The city authorized eminent domain for an earlier downtown redevelopment project but negotiated out of court with the landowner.

That’s what Rosemount officials hope will happen this time.

If it doesn’t, the city gave the shop a deadline of Dec. 18 for the business to relocate.

Lockhart is dreading losing his job before Christmas. A new job might force him to relocate his wife and six children from their Rosemount home and schools.

“This is my livelihood,” he said.

Before that happens, a judge needs to approve the eminent domain petition.

The ruling would authorize a 90-day transfer of the land title, known as “quick take,” and determine whether the project has a public purpose, city attorney Corrine Thomson said. Commissioners, appointed by the judge, would then determine the fair market value for the land.

Determining compensation from the Rosemount Port Authority - which acts as the city’s economic development arm - could take at least six months. A recent appraisal for the auto shop property was $300,000, Verbrugge said.

News of the petition came as a surprise Tuesday to property owner Kurt Hansen, who rents to the auto shop. Hansen bought the property from shop owner Don Ratzlaff in 2006 - a move Port Authority officials have said was Hansen’s attempt to stop redevelopment in the area.

Hansen, a veterinarian, owns three other downtown properties the city initially wanted to redevelop. He applied to redevelop the area himself, but the city rejected his plans.

Hansen and city officials have butted heads over the project ever since.

“It’s against the will of the people of Rosemount,” Hansen said. “The development they’re thinking of putting in is also against the people of Rosemount.”

The first phase of downtown redevelopment would include a four-story complex with apartments, some of them affordable for low-income renters, and offices and retail space. The building would replace vacant land owned by the Port Authority, the auto shop and Rosemount Saw & Tool.

The Saw & Tool owner has negotiated for the city to buy the land.

Hansen has hired an attorney to protect his land. He said he still wants to redevelop his downtown properties and will work with anybody to make the project a success.

But after two failed partnership proposals from downtown developers, Hansen holds out little hope for a joint venture. “There’s really no negotiation at all,” he said.

Port Authority commissioners have said they tried working with Hansen by extending deadlines for him to submit redevelopment plans and to accept land purchase offers.

In a 5-2 vote, the Port Authority last month agreed the project should not be halted by one property owner and approved acquiring the land using eminent domain.

The fate of the property now rests with the court.

Although the state’s revised eminent domain law makes it more difficult for governments to bulldoze houses and businesses for development, the changes don’t apply to the downtown project because redevelopment plans started years before the law was revised.

But in order to be grandfathered under the previous regulations, the city must begin the eminent domain proceedings by Feb. 1. To do that, the city needs to serve Hansen a notice of the petition hearing, which can be done once it has a scheduled court date.

The city should reach that deadline, Thomson said.

A final redevelopment agreement for Apple Valley-based developer Stonebridge Cos. to make over the downtown will be presented to the Port Authority on Tuesday.

If approved, the downtown makeover could begin spring of 2008.

Maricella Miranda can be reached at 651-228-5421 or mmiranda@pioneerpress.com.

If You Go

The Rosemount Port Authority will review a final redevelopment agreement for Apple Valley-based developer Stonebridge Cos. to make over the first phase of downtown. The meeting will be at 6 p.m. Tuesday at City Hall, 2875 145th St. W.