The embattled Mandan City Commission faced yet another group of irate landowners as it attempts to annex properties south of the community.

Following nearly an hour of heated debate during a hearing to determine sufficiency of protest at Tuesday's meeting, the commission unanimously decided to enter into mediation with the property owners located on either side of 19th Street between Highways 1806 and 6, south of Mandan. It's the second such mediation for the city, as it is also attempting to annex properties in north Mandan, adjacent the new junior high school.

City engineer Tom Little said that the protest represents 89.2 percent of the land valuation, far exceeding the 25 percent needed to stop the city from annexing property. The commission decided to call upon the governor's office to appoint a mediator to the situation, in hopes a reasonable solution can be found.

City attorney Malcolm Brown said that should mediation be successful, the process of annexation could take about six months. But should the mediator find negotiations are not fruitful and abandon mediation, the issue can be moved by the city to an administrative law judge for a decision. Brown added that the case could end up going to the state's Supreme Court and take up to two years.

Property owner Steve Jacobs took to the podium in protest of the annexation and said that he was representing several of the landowners. He said that nearly 1,200 acres is involved in the annexation. Jacobs maintained that the property owners will not be able to afford the special assessments that will accompany the annexation, and they will be forced to sell their property.

"The taxes placed on the property will exceed the valuation of the land. People will be forced to sell property because they cannot afford the taxes," Jacobs said. "People are not happy. You're not accomplishing what you should be. These are senior citizens on fixed incomes."

The commission maintained that the annexation is critical to the orderly development of Mandan. There are federal funds that will pay for 80 percent of the paving of 19th Street, which is in disrepair, and Morton County is unwilling to maintain it. Infrastructure, such as water and sewer, needs to be put in at the same time that the road is reconstructed, and this will lead to development.

Questions were raised on what property owners could expect in the way of special assessments. Mayor Ken LaMont and Little said that those have yet to be determined. Commissioner Tim Helbling said that state law prohibited predetermination of these costs, but that they can be determined in the mediation phase. Though determination of benefits and assignment of special assessment will only be made by an assessment commission when work is complete.

The commission explained that various alternatives to pay for project costs, including a city-wide assessment, will be discussed and considered in mediation.

"Who wants to develop the land? Not the property owners," said Harold Burch. "What are you going to do for me? I don't want to develop, and I don't want to pay for it now or even in my lifetime. I don't want to lose my property either."

Keith Keidel, Grace Uhler, Janine Jacobs and Laurie Volk also took the opportunity to voice their displeasure over the annexation attempt. Uhler agreed that 19th needed to be paved, but didn't see the need for the new infrastructure.

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@;bismarcktribune.com.)