CHA 05/21/2001 TO: Charter Commission Members
FROM: Deb Skogen, City Clerk and Staff Liaison
Date: May 15, 2001
CITYOF Re: May 21,2001 Charter Meeting
FRIDLEY
The next Charter Commission meeting will be held on Monday,May 21St in Meeting Room 1 in
the lower level of City Hall.
Attached for your review and discussion are the minutes of April 30, 2001, and MN State
Statutes Chapter 117,procedures used for Eminent Domain. I spoke with our Community
Development Director Scott Hickok to find out what procedures the city uses prior to taking
property through eminent domain. He said that the city follows State Statutes and tries to
negotiate with property owners. If negotiations breakdown or stop, they city would then take the
property through eminent domain. He will prepare a brief outline of the procedures for the
Monday meeting.
In addition, I have enclosed the May 7, 2001 Council Memo scheduling a public hearing for the
proposed Charter Amendment. Please note that the hearing has been scheduled for June 4, 2001.
You may want to schedule that date on your calendar and be present for the Council Meeting to
speak to your amendment.
You should have received the electronic copy of the City Charter I sent out last week. If you
have not received it,please let me know.
If you have any questions regarding this meeting,please let me know as soon as possible. In
addition,please contact me at(763) 572-3523 if you cannot attend the meeting.
CITY OF FRIDLEY
'---, CHARTER COMMISSION
AGENDA
MONDAY, MAY 21, 2001 7:00 P.M.
LOCATION: Fridley Municipal Center
Meeting Room 1 (Lower Level)
CALL TO ORDER:
ROLL CALL:
APPROVAL OF AGENDA:
APPROVAL OF MINUTES
May 21,2001
1. Administrative Matters
A. Membership
2. Discussion of Chapter 9-Eminent Domain
3. Discussion of Glossary/Index
4. Consideration of items for future discussion
ADJOURNMENT
Next regular meeting: September 24,2001 at 7:00 p.m.
n
ICI
AGENDA ITEM
CITY COUNCIL MEETING OF
CITY OF
F MAY 7, 2001
To: William W. Burns, City Manager/44r?)
anager/4 l
From: Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
Date: May 7, 2001
Re: Scheduling of Public Hearing for Proposed Charter Amendment on Chapters 6 and 8 of the
Fridley Charter Pertaining to Contracts, Public Improvements and Special Assessments
The Charter Commission has been meeting for the past year to review Chapters 6 and 8 of the
Fridley City Charter. State legislation changed the competitive bidding law for contracts entered
into,bids let, or purchases made from$25,000 to $50,000. In addition, after reviewing the
language, the Commissioners felt the language should be updated and recommended forwarding the
language to the Public Works Director,John Flora,who made several suggestions before his
retirement last year. After their changes were complete, they forwarded their recommendations in
ordinance format to the Charter Commission Attorney Elizabeth Moore for her legal opinion. Ms.
Moore felt the proposed ordinance was appropriate and advisable.
On April 30, 2001, the Charter Commission recommended,by a 6 to 3 vote, to forward the
proposed amendment in ordinance format to the City Council, for a public hearing and to
recommend adoption of the ordinance, as shown in the meeting minutes,Attachment 1.
Staff recommends the City Council schedule a public hearing on June 4, 2001, on the proposed
ordinance as shown in Attachment 2.
40
CITY OF FRIDLEY
CHARTER COMMISSION MEETING
April 30,2001
CALL TO ORDER:
Chairperson Gordon called the Charter Commission meeting to order at 7:05 p.m.
ROLL CALL:
Members Present: Suzanne Alvite'Warren,Don Findell,Craig Gordon,Harry Heck,Carter Hendricks,Bill
Holm,Deborah Monden,Regina Querimit(7:30 p.m.),Francis Van Dan(7:10 p.m.)
Members Absent: Char Fitzpatrick,Nancy Jorgenson,Maynard Nielsen,Cindy Soule
Others Present: Deb Skogen,City Clerk/Staff Liaison
APPROVAL OF AGENDA:
MOTION by Commissioner Monden seconded by Commissioner Heck to approve the agenda.
Chairperson Gordon requested that a discussion of a glossary be added as Item 3A on the agenda. Monden accepted
the request as a friendly amendment.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON GORDON DECLARED THE MOTION
CARRIED UNANIMOUSLY.
APPROVAL OF FEBRUARY 26,2001,CHARTER COMMISSION MINUTES:
MOTION by Commissioner Holm,seconded by Commissioner Findell to approve the March 26,2001,Charter
Commission Minutes as written.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON GORDON DECLARED THE MOTION
CARRIED UNANIMOUSLY.
1. ADMINISTRATIVE MATTERS
A. Chairperson Gordon read a certificate that had been prepared to Commissioner Fitzpatrick for her
length of service and dedication to the Charter Commission and the City of Fridley.
B. Chairperson Gordon read and presented a certificate of appreciation to Commissioner Alvite'Warren
for her year of service as Chairperson to the Charter Commission. Commissioner Alvite'Warren
thanked the members and said it had been an interesting and eventful year.
C. Chairperson Gordon asked how many vacancies there were and Ms. Skogen stated that with
Commissioner Fitzpatrick's term ending there were now three openings. He asked if staff was
continuing to advertise and Skogen said yes.
2. Discussion of Chapter S-Public Improvements and Special Assessments
A commissioner asked who had requested a review of Chapter 8. Chairperson Gordon said that the outgoing Public
/'N Works Direction had reviewed the chapter and had made some suggestions for changes. Ms. Skogen said that
DRAFT
CHARTER COMMISSION MEETING OF APRIL 30,2001 PAGE 2
Commissioner Holm had requested discussion of Chapter 8 due to the dollar limitations for contracts and that new
legislation was adopted in 2000 which changed the amount of contracts she had forwarded the information to John
Flora,Public Works Director,and Rick Pribyl,Finance Director who had made suggested changes.
Commissioner Heck wondered what the process was now,as it appeared the Commission Attorney had reviewed
the language and found it appropriate.
Commissioner Findell MOVED and Commissioner Hendricks seconded a motion to recommend approval of the
amendment to Chapter 6 and Chapter 8 of the City Charter and to forward it to the City Council for their adoption.
Commissioner Van Dan thought the language in Section 8.04 was written poorly and thought it could be said in
fewer words.Commissioner Van Dan wondered why the city would reserve the right to bid on their own projects,
(Section 8.05(2))because they really did not have the right to bid,they were a policy making body.
Commissioner Heck asked what would happen if an estimate was given on a project and the amount was incorrect
and it cost more money,who would be responsible for the extra money. Commissioner Findell said,ultimately,the
City Council would be held responsible for the additional fees.
Commissioner Holm felt the city engineer should continue to do cost estimates of the projects to determine whether
or not they would need to go for bid.
Commissioner Findell said Section 8.05(2)only reserved the right of the council if they so chose to use the right
they could.
Commissioner Holm wondered if the first sentence in Section 8.05(2)were moved to the last sentence,if that
would make more sense.
n
Ms. Skogen wondered what the intent of this section meant and whether it meant that it gave the City Council the
right to advertise for bids or if they could bid on their own project.
Commissioner Holm wondered if this item should be delayed for further discussion and changes.
Commissioner Van Dan suggested that it not be held up and that it be placed on the agenda at some future meeting,
maybe ten years from now or so,that the language could be reviewed at that time and changed if necessary.
Commissioner Heck wondered what timeframe would be reasonable for review and Chairperson Gordon said it
would depend on the Commission,but that it probably would not be brought up for discussion in the near future.
UPON A VOTE BEING TAKEN,COMMISSIONERS HENDRICKS,FINDELL,HECK,QUERIMIT,VAN DAN,
AND GORDON VOTED AYE,COMMISSIONERS ALVITE'WARREN,HOLM AND MONDEN VOTED NAY.
CHAIRPERSON GORDON DECLARED THE MOTION PASSED.
Commissioner Hendricks was in favor of revising the ordinance in the new time frame. Commissioner Holm said
he would be opposed to that because they do not want to present it to the City Council so quickly after forwarding
this amendment. He agreed the language was somewhat clumsy but felt it had been improved and saw no problem
in delaying any more changes.
Commissioner Heck wondered if city staff wanted to have this amendment because of the dollar value of contracts.
Ms.Skogen said Commissioner Holm had originally been interested in this Chapter wondering if the dollar limits
set in the Charter were workable for City Staff. She said the 2000 legislature had adopted new language raising the
dollar amount of contracts being required from$25,000 to$50,000 and that the City Charter still required$10,000,
which is more restrictive than Statutory cities.
DRAFT
CHARTER COMMISSION MEETING OF APRIL 30,2001 PAGE 3
Commissioner Findell said any changes would require resubmittal to the amendment to the Charter Commission
attorney.
Chairperson Gordon told Commissioner Van Dan her comments were always appreciated.
3. DISCISSION OF CHAPTER 9 EMINENT DOMAIN
Chairperson Gordon said he was looking for input from the Commission as to what they would like to do.
Commissioner Monden said the information provided was very helpful and she had originally asked for information
because she did not understand it. She noticed that the eminent domain was just as brief in other city charters.
Commissioner Holm felt it should not be changed as the city could be exposed to anything the state legislature can
do and that the City Council would be very hesitant to make any changes.
Commissioners Querimit and Findell agreed that it should remain unchanged.
Chairperson Gordon felt the Commission did not have the expertise,due to their lack of knowledge of eminent
domain,to make any recommended changes.
Commissioner Hendricks thought a glossary or index might help to clarify this for future commissioners and
thought they should take a low profile on this at the present time.
Commissioner Heck liked the wording in the Brooklyn Park charter regarding the need to try to negotiate before
using eminent domain.
Ms. Skogen said she thought the procedures on eminent domain were in Chapter 117 and recommended reviewing
that for further information.
Commissioner Hendricks said it would be a measure of goodwill to negotiate prior to using eminent domain.
There was consensus by the Commission for Ms. Skogen to prepare more information to fmd out what procedures
are used leading up to eminent domain for the next meeting.
3A. DISCUSSION OF GLOSSARY/INDEX
Chairperson Gordon asked who all wanted to have a diskette prepared with an electronic version of the charter to be
able to search for words in putting a glossary or index together. Commissioners Hendricks,Monden,Findell,
Alvite'Warren,Querimit,Gordon and Van Dan all requested a copy. Ms.Skogen said she would prepare them and
mail them out this week.
Commissioner Hendricks suggested assigning a chapter to each member to look for confusing or ambiguous
language and try to focus on those words.
Chairperson Gordon suggested working on one chapter at a time and several other commissioners agreed.
Commissioner Querimit thought it would be more timely if they were all on the same chapter and that it could
possibly be divided into sections.
Commissioner Hendricks said it made sense because once a chapter is done,you may come across the same word
later on and it would already defined. He wondered if this would be a working document for members or would be
recommended for all to use officially.
Chairperson Gordon thought a glossary would be used by the Commission.
DRAFT
CHARTER COMMISSION MEETING OF APRIL 30,2001 PAGE 4
Commissioner Van Dan thought an index could be added to Charter as it only provided a location of the word and
did not define it.
Chairperson Gordon recommended they all go through Chapter 1 before the next meeting.
4. CONSIDERATION OF FUTURE ITEMS
The agenda for the next meeting shall include:
1. Administrative Matters-Membership
2. Discussion of Chapter 9 Eminent Domain-procedures leading to eminent domain
3. Discussion of Glossary/Index-Chapter 1
4. Consideration of future items.
Ms. Skogen was asked to provide copies of the by-laws to commissioners at the next meeting.
Commissioner Holm wondered if there was anything that needed to be changed in reference to cable franchise. Ms.
Skogen said that the City Council had adopted new ordinances last year pertaining to franchises for cable,electric
and gas and did not think anything needed immediate change. She said she would check with Bill Champa to fmd
out what he thought,as he was the one who had prepared the ordinances.
ADJOURNMENT:
MOTION by Commissioner Heck seconded by Commissioner Querimit to adjourn the meeting.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON GORDON DECLARED THE MOTION
CARRIED AND THE MEETING WAS ADJOURNED AT 8:20 P.M.
Respectfully submitted,
Debra A.Skogen, Deborah Monden,Secretary
City Clerk/Staff Liaison
DRAFT
Page 1 of 25
Minnesota Statutes 2000, Chapter 117.
Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota.
==117.01
117.01 Repealed, 1971 c 595 s 29
==117.011
117.011 Must use this procedure; exceptions.
All bodies, public or private, who have the right of
eminent domain, when exercising the right, shall do so in the
manner prescribed by this chapter, even though a different
procedure may be provided by charter provisions, ordinance or
statute, but nothing herein shall apply to the taking of
property under laws relating to drainage or to town roads when
those laws themselves expressly provide for the taking and
specifically prescribe the procedure. The taking of property
for a project undertaken by a watershed district under chapter
103D or for a project undertaken by a drainage authority under
chapter 103E may be carried out under the procedure provided by
those chapters.
HIST: 1971 c 595 s 1; 1984 c 562 s 3; 1995 c 199 s 61
==117.015
117.015 Repealed, 1971 c 595 s 29
==117.016
/-1 117.016 Joint acquisition of land.
Subdivision 1. State or any of its agencies or
political subdivisions. Whenever the state or any of its
agencies or political subdivisions thereof is acquiring property
for a public purpose and it is determined that a portion or a
part of a tract of land is necessary for its particular public
purpose and that other portions or parts of the same tract of
land or the remainder thereof are needed by another agency or
political subdivision of the state for a public purpose, the
state or its agencies or political subdivisions desiring such
lands or parts thereof may enter into an agreement each with the
other for the joint acquisition of such lands by eminent domain
proceedings.
Subd. 2. Agreement to state purpose and describe land.
Such agreement shall state the purpose of the land
acquisitions and shall describe the particular portion or part
of the tract of land desired by each of the public bodies and
shall include provisions for the division of the cost of
acquisition of such properties and all expenses incurred therein.
Subd. 3. Procedure. The proceedings in eminent
domain for the acquisition of the lands so desired shall be
instituted and carried to completion in the names of the parties
to the agreement describing the lands each shall acquire but for
the purposes of the proceedings and for ascertaining the damages
for the taking, the lands so acquired shall be treated as one
parcel.
HIST: 1971 c 595 s 2
==117.02
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117.02 Repealed, 1971 c 595 s 29
==117.025
117.025 Definitions.
Subdivision 1. Words, terms, and phrases. Unless
the language or context clearly indicates that a different
meaning is intended, the words, terms, and phrases defined in
this section have the meanings given them.
Subd. 2. Taking. Taking and all words and phrases
of like import include every interference, under the right of
eminent domain, with the possession, enjoyment, or value of
private property.
Subd. 3. Owner. "Owner" includes all persons
interested in such property as proprietors, tenants, life estate
holders, encumbrancers, or otherwise.
HIST: 1971 c 595 s 3
==117.03
117.03 Repealed, 1971 c 595 s 29
==117.035
117.035 Proceedings, by whom instituted.
If such property be required for any authorized purpose of
the state, the proceeding shall be taken in the name of the
state by the attorney general upon request of the officer,
board, or other body charged by law with the execution of such
/'.N purpose; if by a corporation or other body, public or private,
authorized by law to exercise the right of eminent domain, in
its corporate or official name and by the governing body
thereof; and if by an individual so authorized, in the
individual's own name.
HIST: 1971 c 595 s 4; 1986 c 444
==117.04
117.04 Repealed, 1971 c 595 s 29
==117.041
117.041 Entry for survey or environmental testing.
Subdivision 1. Surveys. For the purpose of making
surveys and examinations relative to any proceedings under this
chapter, it shall be lawful to enter upon any land, doing no
unnecessary damage.
Subd. 2. Environmental testing before eminent domain
proceedings. (a) A state agency by order of the commissioner
or a political subdivision by resolution may enter property for
purposes of investigation, monitoring, testing, surveying,
boring, or other similar activities necessary or appropriate to
identify the existence and extent of a release or threat of
release of a hazardous substance, pollutant, or contaminant if:
(1) the state agency or political subdivision has reason to
believe that acquisition of the property may be required
n pursuant to eminent domain proceedings;
(2) the state agency or political subdivision has reason to
believe that a hazardous substance, pollutant, or contaminant is
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Page 3 of 25
present on the property or the release of a hazardous substance,
pollutant, or contaminant may have occurred or is likely to
occur on the property; and
(3) entry on the property for environmental testing is
rationally related to health, safety, or welfare concerns of the
state agency or political subdivision in connection with
possible eminent domain proceedings.
(b) At least ten days before entering the property, the
state agency or political subdivision must serve notice on the
property owner requesting permission to enter the property,
stating the approximate time and purpose of the entry, and
giving the owner the option of refusing entry. The notice shall
also give the owner the option of requesting an equal amount of
any sample or portion taken from the property and a copy of any
data obtained or report issued. If the property owner refuses
to consent to the entry, the state agency or political
subdivision must apply for a court order authorizing the entry
and the removal of any sample or portion from the property,
giving notice of the court order to the property owner. The
court shall issue an order if the state agency or political
subdivision meets the standards in paragraph (a) . Notices under
this paragraph must be served in the same manner as a summons in
a civil action.
(c) The state agency or political subdivision must do no
unnecessary damage to the property and shall restore the
property to substantially the same condition in which it was
found. If the state agency or political subdivision removes a
sample or portion of the property for investigation, monitoring,
or testing, or obtains any data or issues any report, it must
give the property owner an equal amount of the sample or portion
and a copy of any data or report, if requested by the property
owner, and must permit the property owner to perform independent
investigation, monitoring, or testing of the sample or portion.
(d) The results of testing performed under paragraph (a)
must be included in any environmental assessment worksheet or
environmental impact statement that the state agency or
political subdivision is required to prepare under chapter 116D.
HIST: 1971 c 595 s 5; 1991 c 224 s 1
==117.042
117.042 Possession.
Whenever the petitioner shall require title and possession
of all or part of the owner's property prior to the filing of an
award by the court appointed commissioners, the petitioner
shall, at least 90 days prior to the date on which possession is
to be taken, notify the owner of the intent to possess by notice
served by certified mail and before taking title and possession
shall pay to the owner or deposit with the court an amount equal
to petitioner's approved appraisal of value. Amounts deposited
with the court shall be paid out under the direction of the
court. If it is deemed necessary to deposit the above amount
with the court the petitioner may apply to the court for an
order transferring title and possession of the property or
properties involved from the owner to the petitioner. In all
other cases, petitioner has the right to the title and
possession after the filing of the award by the court appointed
commissioners as follows:
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Page 4 of 25
(a) if appeal is waived by the parties upon payment of the
award;
(b) if appeal is not waived by the parties upon payment p yment or
deposit of three-fourths of the award. The amount deposited
shall be deposited by the court administrator in an interest
bearing account no later than the business day next following
the day on which the amount was deposited with the court. All
interest credited to the amount deposited from the date of
deposit shall be paid to the ultimate recipient of the amount
deposited.
Nothing in this section shall limit rights granted in
section 117.155.
HIST: 1971 c 595 s 6; 1975 c 218 s 1; 1976 c 72 s 1; 1978 c
674 s 60; 1981 c 8 s 1; 1Sp1986 c 3 art 1 s 82
==117.043
117.043 Compelling delivery of possession.
Subdivision 1. Conditions required for court to issue
relief. A court having jurisdiction over an eminent domain
proceeding may issue an order compelling delivery of possession
of the property under any of the following conditions:
(1) the court has issued an order authorizing transfer of
title and possession and the petitioner has paid or deposited
its approved appraisal value under section 117.042; or
(2) the petitioner has acquired title of the real estate.
n
If one of these conditions is met, the court may issue an
order compelling delivery of possession of the property upon:
(1) the affidavit of the petitioner; (2) notice to the occupants
of the acquired real estate and others claiming a right to
remain in possession of it; and (3) a hearing. Notice of the
hearing must be given in the same way as notice of a motion
under the rules of civil procedure. In case of hardship the
court may delay enforcement of an order compelling delivery of
possession for a period not to exceed seven days. Unless
otherwise allowed by the court, the matter must be considered
solely on the basis of arguments of counsel and affidavits.
Subd. 2. Award of fees and costs. Following notice
and hearing, if the occupant, in bad faith, has failed to
deliver possession of the real estate in accordance with either
an order issued under section 117.042 or an order issued under
this section, the court, upon application by the petitioner, may
award to the petitioner, and against the occupant, the attorney
fees, costs, and disbursements that were actually incurred by
the petitioner in getting possession of the real estate.
HIST: 1987 c 287 s 1
==117.045
117.045 Compelling acquisition in certain cases.
Upon successfully bringing an action compelling an
acquiring authority to initiate eminent domain proceedings
relating to a person's real property which was omitted from any
current or completed eminent domain proceeding, such person
shall be entitled to petition the court for reimbursement for
reasonable costs and expenses, including reasonable attorney,
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appraisal and engineering fees, actually incurred in bringing
such action. Such costs and expenses shall be allowed only in
accordance with the applicable provisions of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act
of 1970, Statutes at Large, volume 84, page 1894 (1971) , any
acts amendatory thereof, any regulations duly adopted pursuant
thereto, or rules duly adopted by the state of Minnesota, its
agencies or political subdivisions pursuant to law.
HIST: 1971 c 595 s 7; 1985 c 248 s 70; 1986 c 444
==117.05
117.05 Repealed, 1971 c 595 s 29
==117.055
117.055 Petition and notice.
In all cases a petition, describing the desired land,
stating by whom and for what purposes it is proposed to be
taken, and giving the names of all persons appearing of record
or known to the petitioner to be the owners thereof shall be
presented to the district court of the county in which the land
is situated praying for the appointment of commissioners to
appraise the damages which may be occasioned by such taking.
Notice of the objects of the petition and of the time and place
of presenting the same shall be served at least 20 days before
such time of presentation upon all persons named in the petition
as owners as defined in section 117.025, subdivision 3, and upon
all occupants of such land in the same manner as a summons in a
civil action. If any such owner be not a resident of the state,
or the owner's place of residence be unknown to the petitioner,
upon the filing of an affidavit of the petitioner or the
petitioner's agent or attorney, stating that the petitioner
believes that such owner is not a resident of the state, and
that the petitioner has mailed a copy of the notice to the owner
at the owner's place of residence, or that after diligent
inquiry the owner's place of residence cannot be ascertained by
the affiant, then service may be made upon such owner by three
weeks' published notice. If the state be an owner, the notice
shall be served upon the attorney general. Any owner not served
as herein provided shall not be bound by such proceeding except
upon voluntarily appearing therein. Any owner shall be
furnished a right of way map or plat of all that part of land to
be taken upon written demand, provided that the petitioner shall
have ten days from the receipt of the demand within which to
furnish the same. Any plans or profiles which the petitioner
has shall be made available to the owner for inspection.
HIST: 1971 c 595 s 8; 1986 c 444
==117.06
117.06 Repealed, 1971 c 595 s 29
==117.065
117.065 Notices of pendency and abandonment; required
filings.
At the time of filing the petition the petitioner shall
file for record a notice of the pendency of the proceeding,
describing with reasonable certainty the lands affected and for
what purpose they are to be taken. The notice shall be filed as
follows:
(1) if the lands are registered lands, with the registrar
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of titles;
(2) if the lands are nonregistered, with the county
recorder;
(3) if the lands are both registered and nonregistered,
with both the registrar and the county recorder.
If the proceeding be abandoned in whole or in part the
petitioner shall within ten days thereafter file a notice to
that effect, describing with reasonable certainty the lands so
abandoned. The notice of abandonment shall be filed in the same
places as the notice of the pendency of the proceeding.
HIST: 1971 c 595 s 9; 1976 c 181 s 2; 1995 c 106 s 1
==117.07
117.07 Repealed, 1971 c 595 s 29
==117.075
117.075 Court to appoint commissioners.
Upon proof being filed of the service of such notice, the
court, at the time and place therein fixed or to which the
hearing may be adjourned, shall hear all competent evidence
offered for or against the granting of the petition, regulating
the order of proof as it may deem best. If the proposed taking
shall appear to be necessary and such as is authorized by law,
the court by an order shall appoint three disinterested
commissioners, and at least two alternates, residents of the
county, to ascertain and report the amount of damages that will
be sustained by the several owners on account of such taking.
Before appointing a commissioner, the court shall inquire
whether each prospective commissioner has any relationship,
business or otherwise, to any of the parties in the proceeding,
or any interest in the proceeding which may constitute a
conflict of interest, or which may create the appearance of
impropriety should that person be appointed. Responses to this
inquiry must be either written or on the record and made
available by the court to any party in the proceeding before and
after appointment. No person who might have difficulty in
rendering an unbiased decision may be appointed to serve. The
court, in its discretion, may appoint one registered, practicing
attorney to the commission who is knowledgeable in eminent
domain matters. All other commissioners appointed must be
persons actively engaged in the occupation of real estate sales
or real estate appraising or persons knowledgeable in real
estate values. The order shall fix the time and place of the
first meeting of the three commissioners and prescribe their
compensation. At the first meeting at the office of the court
administrator of district court the appointees must be sworn by
the court administrator or an authorized deputy and shall take
and sign the following oath before assuming their duties as
commissioners:
(TITLE OF PROCEEDING)
does swear under penalty
of perjury as follows:
I will faithfully and justly perform to the best of my
ability, all the duties of the office and trust which I now
assume as commissioner in the above entitled proceeding. I
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further swear that, except as disclosed in writing or on
the record, I have no interest in any of the lands in the
above proceeding or any present or past relationship,
business or personal, with any of the parties to the above
proceeding or any other actual or potential conflict of
interest, and that I will render fair and impartial
decisions, so help me God.
The order may, in the discretion of the court, limit the
title or easement to be acquired by the petitioner by defining
the rights and privileges which the owner of any of the lands
may exercise therein in subordination to the public uses to
which it is appropriated. In case any commissioner fails to act
or fails to meet the qualifications required by this section,
the court without further notice may appoint another in that
commissioner's place.
The court administrator of court in each county shall post
in the courthouse in a prominent place a notice that a qualified
person may apply to have the person's name placed upon a list of
potential commission appointees for eminent domain proceedings.
The notice must contain the language of the oath which the
commissioners are required to take upon appointment and shall
list the other qualifications set forth in this section. The
court shall give due consideration to the names appearing on the
list, but is not bound to make appointments from the list.
HIST: 1971 c 595 s 10; 1985 c 299 s 1; 1986 c 444; 1Sp1986 c 3
art 1 s 82
==117.08
117.08 Repealed, 1971 c 595 s 29
==117.085
117.085 Commissioners, powers, duties.
The commissioners, having been duly sworn and qualified
according to law, shall meet as directed by the order of
appointment and hear the allegations and proofs of all persons
interested touching the matters to them committed. They may
adjourn from time to time and from place to place within the
county, giving oral notice to those present of the time and
place of their next meeting. All testimony taken by them shall
be given publicly, under oath, and in their presence. They
shall view the premises, and any of them may subpoena witnesses,
which shall be served as subpoenas in civil actions are served,
and at the cost of the parties applying therefor. If deemed
necessary, they may require the petitioner or owner to furnish
for their use maps, plats, and other information which the
petitioner or owner may have showing the nature, character, and
extent of the proposed undertaking and the situation of lands
desired therefor. In proper cases they may reserve to the owner
a right of way or other privilege in or over the land taken, or
attach reasonable conditions to such taking in addition to the
damages given or they may make an alternative award, conditioned
upon the granting or withholding of the right specified.
Without unreasonable delay they shall make a separate assessment
and award of the damages which in their judgment will result to
each of the owners of the land by reason of such taking and
report the same to the court. The commissioners shall not
reduce the amount of the damages awarded because the land being
taken is, at the time of the taking, valued under section
273.111, designated as an agricultural preserve under chapter
473H. The commissioners, in all such proceedings, may in their
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discretion allow and show separately in addition to the award of
damages, reasonable appraisal fees not to exceed a total of
$500. Upon request of an owner the commissioners shall show in
their report the amount of the award of damages which is to
reimburse the owner and tenant or lessee for the value of the
land taken, and the amount of the award of damages, if any,
which is to reimburse the owner and tenant or lessee for damages
to the remainder involved, whether or not described in the
petition. The amounts awarded to each person shall also be
shown separately. The commissioners shall, if requested by any
party, make an express finding of the estimated cost of removal
and remedial actions that will be necessary on the taken
property because of existing environmental contamination.
HIST: 1971 c 595 s 11; 1987 c 339 s 1; 1991 c 224 s 2; 1999 c
161 s 1
==117.086
117.086 Noncontiguous tracts, treatment as unit.
Subdivision 1. In all eminent domain proceedings brought
under this chapter noncontiguous tracts of land may be
considered as a unit for the purpose of the assessment of the
damages for a taking from only one of such tracts, provided that
the use to which the tracts are applied is so connected, that
the taking from one in fact damages the other.
Subd. 2. In the event that an appeal is taken, a party
claiming a unity in noncontiguous tracts shall give notice
thereof in the notice of appeal as provided in section 117.145.
/'■ Subd. 3. The petitioner, after receiving notice that the
landowner claims a unity in noncontiguous tracts, may upon ten
days' written notice to the landowner, move the court for its
order determining whether, as a matter of law, the landowner has
suffered a taking of, or damage to, noncontiguous tracts by
reason of the eminent domain proceedings brought under this
chapter.
HIST: 1971 c 595 s 17; 1986 c 444
==117.087
117.087 Prepayment penalties; damages.
When property is taken pursuant to this chapter and it is
security for a loan or advance of credit with a provision
requiring or permitting the imposition of a penalty if the loan
or advance of credit is prepaid, the cost of the penalty is an
item of damages which shall be separately stated.
When property is purchased by a body having the right of
eminent domain the buyer shall inquire whether it is security
for a loan or advance of credit with a provision requiring or
permitting the imposition of a penalty if the loan or advance of
credit is prepaid and, if so, the penalty shall be an item
considered by the parties in the negotiation of the price.
HIST: 1978 c 623 s 1
==117.09
n 117.09 Repealed, 1971 c 595 s 29
==117.095
117.095 Repealed, 1973 c 604 s 8
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==117.10
117.10 Repealed, 1971 c 595 s 29
==117. 105
117.105 Filing of report, time, failure to report.
Subdivision 1. The report of the commissioners shall be
filed with the court administrator of district court within 90
days from the date of the order appointing the commissioners,
unless such order otherwise prescribes, but for cause shown upon
written motion of the petitioner and not less than three days'
notice thereof duly served by mail or otherwise upon such
respondents, or their attorneys who entered an appearance at the
hearing on the petition or notified the petitioner of their
formal appearance, the court may extend the time for making and
filing the report. If the petitioner serves such motion and
notice thereof by mail, such service shall be at least six days
prior to the date of the hearing on the motion.
Subd. 2. If the commissioners fail to file their report
within the time provided by the order appointing the
commissioners, or within any extension of time to file granted
by the court, any owner may upon motion, after due notice to the
petitioner, have the proceedings set aside as to that owner;
but, for cause shown, the court may extend the time for making
their report. If the proceedings are set aside as to any
individual owner, that owner shall be entitled to reimbursement
for reasonable costs and disbursements including attorney's fees.
HIST: 1971 c 595 S 13; 1986 c 444; 1Sp1986 c 3 art 1 s 82
==117. 11
117.11 Repealed, 1971 c 595 S 29
==117.115
117. 115 Report, notice.
Subdivision 1. The commissioners shall, after notice to
the petitioner, file their report with the court administrator
of district court and the petitioner shall pay the commissioners
their fees and disbursements. The court shall determine any
dispute concerning the fees and disbursements.
Subd. 2. Within ten days after the date of the filing of
the report of commissioners, the petitioner shall notify the
following listed persons, by mail, of the filing of the report
of commissioners setting forth the date of filing of the report,
the amount of the award, and all the terms and conditions
thereof as the same pertain to the respondent or party listed:
(1) each respondent listed in the petition as having an
interest in any parcel described in the report;
(2) each other party to the proceeding whose appearance has
been noted by the court in its order approving the petition
under section 117.075; and
(3) each respondent's attorney.
Such notification shall be addressed to the last known post
office address of each person notified. Notice of the filing of
the report need not be given to parties initially served by
publication under section 117.055. The petitioner shall file
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with the court administrator an affidavit of mailing of the
notice, setting forth the names and addresses of all the persons
so notified.
HIST: 1971 c 595 s 14; 1986 c 444; 1Sp1986 c 3 art 1 s 82;
1995 c 106 s 2
==117.12
117.12 Repealed, 1971 c 595 s 29
==117.125
117.125 Deposit in court.
Where the residence of a party is unknown, or the party is
an infant or other person under legal disability, or being
legally capable, refuses to accept payment, or if for any reason
it is doubtful to whom any award should be paid, the petitioner
may pay the same to the court administrator of district court,
to be paid out under the direction of the district court; and
unless an appeal is taken, as hereinafter provided, such deposit
with the court administrator shall be deemed a payment of the
award. The award when deposited shall not draw interest from
the date of deposit.
HIST: 1971 c 595 s 15; 1986 c 444; 1Sp1986 c 3 art 1 s 82
==117.13
117.13 Repealed, 1971 c 595 s 29
==117.133
117.133 Repealed, 1971 c 595 s 29
==117. 135
117.135 Taxes and assessments.
Subdivision 1. In all eminent domain proceedings taxes and
assessments imposed upon the acquired property shall be
compensated for as provided by section 272.68, except the state
transportation department, as the acquiring authority, shall pay
all taxes, including all unpaid special assessments and future
installments thereof, as provided in subdivision 2.
Subd. 2. When the state transportation department acquires
a fee interest in property before forfeiture, by any means,
provision must be made to pay all taxes, including all unpaid
special assessments and future installments thereof, unpaid on
the property at the date of acquisition. For the purpose of
this section, the date of acquisition shall be either the date
on which the department enters into a written agreement to
purchase the property or, in cases of condemnation, the date of
acquisition shall be the date of the award of the
court-appointed commissioners; except where the provisions of
section 117.042 are exercised and apply, in which case the date
of acquisition will be the date on which the state
transportation department is entitled to take possession. Taxes
lawfully levied shall not be abated. This subdivision shall not
be construed to require the payment of accrued taxes and unpaid
assessments on the acquired property which exceed the fair
market value thereof. The state transportation department in
acquiring property may make provisions for the apportionment of
the taxes and unpaid assessments if less than a complete parcel
'� or tract is acquired.
If such accrued taxes and unpaid assessments are not paid
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as hereinabove required, then the county auditor of the county
in which the acquired property is located shall notify the
commissioner of finance of the pertinent facts, and the
commissioner of finance shall divert an amount equal to such
accrued taxes and unpaid assessments from any funds which are
thereafter to be distributed by the commissioner of finance or
the state treasurer to the state transportation department from
the trunk highway fund, and shall pay over such diverted funds
to the county treasurer of the county in which the acquired
property is located in payment of such accrued taxes and unpaid
assessments.
Subd. 3. If the state transportation department permits a
person or business to occupy a property for a period of more
than 120 days after the date of acquisition, the department
shall thereafter charge a reasonable rental therefor in
accordance with the provisions of section 161.23, subdivision 3.
HIST: 1971 c 595 s 16; 1973 c 492 s 14; 1973 c 543 s 1; 1976 c
166 s 7
==117.14
117. 14 Repealed, 1971 c 595 s 29
==117.145
117.145 Appeal: deadline, notice, service, contents; by
other parties.
At any time within 40 days from the date that the report
has been filed, any party to the proceedings may appeal to the
district court from any award of damages embraced in the report,
or from any omission to award damages, by: (1) filing with the
court administrator a notice of such appeal, and (2) serving by
mail a copy of such notice on all respondents and all other
parties to the proceedings having an interest in any parcel
described in the appeal who are shown in the petitioner's
affidavit of mailing, required by section 117.115, subdivision
2, as having been mailed a notice of the report of the
commissioners.
If any notice of appeal is filed, any other party may
appeal within 50 days from the date that the report was filed
by: (1) filing with the court administrator a notice of the
appeal; and (2) serving the notice of appeal by mail, as
provided in this section. Service by mail is deemed effective
upon deposit of the notice in the United States mail, by first
class mail, with postage prepaid, and addressed to each person
served at the address shown in the petitioner's affidavit of
mailing required by section 117.115, subdivision 2. Proof of
service by mail of a notice of appeal shall be filed with the
court administrator promptly following the mailing of any notice
of appeal. The notice of appeal shall specify the particular
award or failure to award appealed from, the nature and amount
of the claim, the land to which it relates, and grounds of the
appeal, and if applicable, the notice required in section
117.086.
HIST: 1971 c 595 s 18; 1Sp1986 c 3 art 1 s 82; 1995 c 106 s 3
==117.15
117. 15 Repealed, 1971 c 595 s 29
==117. 155
117.155 Payments; partial payment pending appeal.
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Except as otherwise provided herein payment of damages
awarded may be made or tendered at any time after the filing of
the report; and the duty of the petitioner to pay the amount of
any award or final judgment upon appeal shall, for all purposes,
be held and construed to be full and just compensation to the
respective owners or the persons interested in the lands. If
either the petitioner or any respondent appeals from an award,
the respondent or respondents, if there is more than one, except
encumbrancers having an interest in the award which has been
appealed, may demand of the petitioner a partial payment of the
award pending the final determination thereof, and it shall be
the duty of the petitioner to comply with such demand and to
promptly pay the amount demanded but not in excess of an amount
equal to three-fourths of the award of damages for the parcel
which has been appealed, less any payments made by petitioner
pursuant to section 117.042; provided, however, that the
petitioner may by motion after due notice to all interested
parties request, and the court may order, reduction in the
amount of the partial payment for cause shown. If an appeal is
taken from an award the petitioner may, but it cannot be
compelled to, pay the entire amount of the award pending the
final determination thereof. If any respondent or respondents
having an interest in the award refuses to accept such payment
the petitioner may pay the amount thereof to the court
administrator of district court to be paid out under direction
of the court. A partial or full payment as herein provided
shall not draw interest from the condemner from the date of
payment or deposit, and upon final determination of any appeal
the total award of damages shall be reduced by the amount of the
partial or full payment. If any partial or full payment exceeds
/--■ the amount of the award of compensation as finally determined,
upon petitioner's motion, final judgment must be entered in the
condemnation action in favor of the petitioner in the amount of
the balance owed to the petitioner and is recoverable within the
original condemnation action.
HIST: 1971 c 595 s 19; 1980 c 607 art 19 s 2; 1Sp1986 c 3 art
1 s 82; 1997 c 231 art 16 s 3
==117.16
117.16 Repealed, 1971 c 595 s 29
==117.165
117.165 Jury trials; disclosure.
Subdivision 1. In all eminent domain proceedings where an
appeal is taken to the district court from the award of
commissioners, the owner or the petitioner shall be entitled to
a jury trial.
Subd. 2. In the event of an appeal from the award of
commissioners, and upon written demand by a party, the other
party shall disclose under oath in writing within 15 days the
appraisal witnesses the disclosing party proposes to call on its
behalf at trial, and the amount of their appraisals of the
damages. The demand shall be deemed continuing.
Subd. 3. A party shall not be permitted at the trial,
except for just cause shown, to use any expert witness on the
matter of damages whose name, address and appraisal was not
disclosed to the other party following a written demand.
HIST: 1971 c 595 s 20
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==117.17
117.17 Repealed, 1971 c 595 s 29
==117.175
117.175 Trial, burden of proof, costs.
Subdivision 1. Such appeal may be noticed for trial and
tried except as herein otherwise provided as in the case of a
civil action and the court may direct that issues be framed, and
require other parties to be joined and to plead therein when
necessary for the proper determination of the questions
involved. The owners shall go forward with the evidence and
have the burden of proof as in any other civil action, with the
right to open and close. The court or jury trying the case
shall reassess the damages de novo and apportion the same as the
evidence and justice may require. Upon request of a party to
such appeal, the jury or court shall show in the verdict or
order the amount of the award of damages which is to reimburse
the owner for the land taken and the amount of the award of
damages, if any, which is to reimburse the owner for damages to
the remainder tract not taken whether or not described in the
petition. The amounts awarded to each person shall also be
shown separately. A commissioner in a condemnation proceeding
may be called by any party as a witness to testify as to the
amount and the basis of the award of commissioners and may be
examined and qualified as any other witness.
Subd. 2. The court may, in its discretion, after a verdict
has been rendered on the trial of an appeal, allow as taxable
costs reasonable expert witness and appraisal fees of the owner,
together with the owner's reasonable costs and disbursements.
No expert witness fees, costs or disbursements shall be awarded
to the petitioner regardless of who is the prevailing party.
HIST: 1971 c 595 s 21
==117. 18
117.18 Repealed, 1971 c 595 s 29
==117.185
117.185 Judgment.
Judgment shall be entered upon the verdict or decision,
fixing the amount of damages payable to the several parties
concerned and the terms and conditions of the taking and, until
reversed or modified in a direct proceeding begun for that
purpose, the judgment shall be binding upon the petitioner and
all other parties thereto and upon their respective successors
and assigns. The parties may stipulate in lieu of entry of
judgment.
HIST: 1971 c 595 s 22
==117.19
117. 19 Repealed, 1971 c 595 s 29
==117.195
117. 195 Interest; award, when payable; dismissal; costs.
n Subdivision 1. Award; interest. All damages allowed
under this chapter, whether by the commissioners or upon appeal,
shall bear interest from the time of the filing of the
commissioner's report or from the date of the petitioner's
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possession whichever occurs first. The rate of interest shall
be determined according to section 549.09. If the award is not
paid within 70 days after the filing, or, in case of an appeal
within 45 days after final judgment, or within 45 days after a
stipulation of settlement, the court, on motion of the owner of
the land, shall vacate the award and dismiss the proceedings
against the land.
Subd. 2. Costs. When the proceeding is dismissed for
nonpayment or discontinued by the petitioner, the owner may
recover from the petitioner reasonable costs and expenses
including attorneys' fees. In the discretion of the court, the
owner may also recover from the petitioner reasonable costs and
expenses, including attorneys' fees, if a condemnation
proceeding is dismissed because a court has held that
condemnation shall not lie based on a challenge made under the
Minnesota Environmental Rights Act. If the court awards costs
and expenses, including attorneys' fees, and if the condemnation
proceeding is part of a project or proposal which has received
an environmental review pursuant to the Minnesota Environmental
Policy Act, or siting or routing selection pursuant to sections
116C.51 to 116C. 69, the costs and expenses, including attorney
fees, shall be paid by the governmental unit responsible for the
review or selection.
HIST: 1971 c 595 s 23; 1982 c 601 s 1; 1984 c 654 art 3 s 49
==117.20
117.20 Repealed, 1971 c 595 s 29
==117.201
117.201 Repealed, 1971 c 595 s 29
==117.202
117.202 Repealed, 1971 c 595 s 29
==117.205
117.205 Final certificate.
Upon completion of the proceedings the attorney for the
petitioner shall make a certificate describing the land taken
and the purpose or purposes for which taken, and reciting the
fact of final payment of all awards or judgments in relation
thereto, which certificate shall be filed with the court
administrator and a certified copy thereof filed for record with
the county recorder; which record shall be notice to all parties
of the title of the petitioner to the lands therein described.
HIST: 1971 c 595 s 24; 1975 c 175 s 1; 1976 c 181 s 2; 1Sp1986
c 3 art 1 s 82
==117.21
117.21 Easement may include snow fences.
When the right to establish a public road is acquired by
the state, or by any of its agencies or political subdivisions,
there may be included in the easement so acquired the power to
erect and maintain temporary snow fences as required upon lands
adjoining the highway part of which lands have been taken for
road purposes. If included, the right to erect and maintain
such fences shall be considered in awarding damages, and any
award shall be conclusively presumed to include the damages, if
any, caused by the right to erect and maintain such fences.
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HIST: (6557-4) 1929 c 396 s 1; 1998 c 403 s 3
==117.215
117.215 Estate acquired.
In all cases for the condemnation of property for public
use, the right, interest, or estate in the property proposed to
be taken, if greater than an easement, shall be specifically
described in the proceedings, and, if the right, interest, or
estate so described shall be a fee simple absolute, the fee
simple absolute shall be an estate without any right of
reversion under any circumstances.
HIST: 1971 c 595 s 25
==117.22
117.22 Renumbered 375.181
==117.225
117.225 Easement discharge.
Whenever claiming that an easement acquired by condemnation
is not being used for the purposes for which it was acquired,
the underlying fee owner may apply to the district court of the
county in which the land is situated for an order discharging
the easement, upon such terms as are just and equitable. Due
notice of said application shall be given to all interested
parties. Provided, however, this section shall not apply to
easements acquired by condemnation by a public service
corporation now or hereafter doing business in the state of
Minnesota.
HIST: 1971 c 595 s 26; 1986 c 444
==117.23
117.23 Repealed, 1961 c 561 s 17
==117.231
117.231 Payment in installments.
Subdivision 1. Option of property owner. Whenever
private property is acquired for public purposes by purchase or
eminent domain proceedings, the property owner shall have the
option of receiving the purchase price or the award as finally
adjudicated, either in a lump sum or in not more than four
annual installments.
Subd. 2. Eminent domain; procedure. When the
property is acquired by eminent domain proceedings and the
amount the owner shall receive for said property is finally
determined, the owner is entitled to payment thereof, and before
payment is made, may elect, by making written request thereof to
the petitioner, to have the amount paid in not more than four
annual installments, and without interest on the deferred
installments. After the first installment is paid the
petitioner may make its final certificate, as provided by law,
in the same manner as though the entire amount had been paid.
Subd. 3. Purchase of property; procedure. When the
property is purchased from the private owner, the amount of the
n purchase price shall be paid in a lump sum, unless the property
owner at the time of delivering the conveyance to the condemning
authority shall elect to have the purchase price paid in not
more than four annual installments and without interest on the
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deferred installments.
HIST: 1971 c 595 s 27; 1986 c 444
==117.232
117.232 Direct purchase.
Subdivision 1. When acquisition of private property is
accomplished by the state department of transportation by direct
purchase the owner shall be entitled to reimbursement for
appraisal fees, not to exceed a total of $500. When acquisition
of private property is accomplished by any other acquiring
authority, the owner is entitled to reimbursement for appraisal
fees, not to exceed $500, if the owner is otherwise entitled to
reimbursement under sections 117.50 to 117.56. The purchaser in
all instances shall inform the owner of the right, if any, to
reimbursement for appraisal fees reasonably incurred, in an
amount not to exceed $500, together with relocation costs,
moving costs and any other related expenses to which an owner is
entitled by sections 117.50 to 117.56. This subdivision does
not apply to acquisition for utility purposes made by a public
service corporation organized pursuant to section 300.03 or
electric cooperative associations organized pursuant to chapter
308A.
Subd. 2. In the event the purchaser and owner agree on the
fair market value of the property but cannot agree on the
appraisal fees and moving costs, the owner shall have the option
to accept the offer for the property and reject the offer for
the appraisal fees and moving costs. In addition thereto, the
owner may, after due notice to all interested parties, bring a
/'■ motion at a special term of the district court in the county in
which the property is located for a determination of such moving
costs and appraisal fees by the court.
HIST: 1971 c 595 s 28; 1975 c 175 s 2; 1976 c 166 s 7; 1984 c
654 art 3 s 50; 1986 c 444; 1989 c 144 art 2 s 2
==117.24
117.24 Repealed, 1961 c 561 s 17
==117.25
117.25 Repealed, 1961 c 561 s 17
==117.26
117.26 Repealed, 1961 c 561 s 17
==117.27
117.27 Repealed, 1961 c 561 s 17
==117.28
117.28 Repealed, 1961 c 561 s 17
==117.29
117.29 Repealed, 1961 c 561 s 17
==117.30
117.30 Repealed, 1961 c 561 s 17
==117.31
n 117.31 Repealed, 1991 c 199 art 1 s 32
==117.32
117.32 Repealed, 1971 c 595 s 29
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==117.33
117.33 Repealed, 1971 c 595 s 29
==117.34
117.34 Repealed, 1971 c 595 s 29
==117.35
117.35 Repealed, 1971 c 595 s 29
=117.36
117.36 Repealed, 1971 c 595 s 29
==117.37
117.37 Repealed, 1971 c 595 s 29
==117.38
117.38 Acquisition of land for certain purposes.
When the United States, the state of Minnesota, or other
governmental authority having jurisdiction so to do, authorizes
change of harbor lines or diversion of channel, or other change
in any river, stream, or watercourse in the state of Minnesota,
any railway company, terminal company, or depot company
incorporated or licensed to engage in the business of
transportation of freight or passengers in this state interested
in such change by reason of the improvement and enlargement of
its property, or otherwise, may acquire the lands and premises
needed therefor. Such company may in its own name, either by
purchase or by condemnation, obtain the title to such lands and
premises or any interest therein, including the lands or any
/--■ interest therein belonging to any municipal corporation in this
state.
HIST: (6574) 1915 c 45 s 1
==117.39
117.39 Proceedings under right of eminent domain.
Proceedings to condemn lands needed for such change may be
commenced and prosecuted by such corporation to final judgment
under the statutes of this state in respect to the taking of
property by right of eminent domain; and all of the general laws
of this state in respect of condemnation of property shall apply
thereto and govern and control such proceedings.
HIST: (6575) 1915 c 45 s 2
==117.40
117.40 Municipality may contest.
Any municipality interested in the land proposed to be
taken in such proceedings may, if its interest seems to so
require, contest the necessity for the condemnation of its
interest in the premises proposed to be taken.
HIST: (6576) 1915 c 45 s 3
==117.41
117.41 Conveyance, to whom made.
Upon acquiring title to these lands and premises, whether
by purchase or condemnation, such corporation shall make due
conveyance thereof to the United States, the state of Minnesota,
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or other governmental authority mentioned in section 117.38.
Likewise, any municipal corporation having any interest in the
lands or premises may, upon such terms, as to that municipality,
its interests may seem to require, make due conveyance thereof
either to the company or to the governmental authority.
HIST: (6577) 1915 c 45 s 4
==117.42
117.42 Repealed, 1971 c 595 s 29
==117.43
117.43 Repealed, 1971 c 595 s 29
==117.44
117.44 Repealed, 1971 c 595 s 29
==117.45
117.45 Repealed, 1971 c 595 s 29
==117.46
117.46 Repealed, 1979 c 145 s 2
==117.461
117.461 Repealed, 1979 c 145 s 2
==117.47
117.47 Permits; licenses.
The commissioner of natural resources may grant permits and
licenses or leases on and across lands owned by the state to any
corporation or association engaged in or preparing to engage in
the business of mining and beneficiating taconite as defined in
section 298.001, subdivision 4, or semitaconite as defined in
section 298.34, for the purpose of providing the corporation or
association necessary easements, rights of way and surface
rights over, through and across such lands for the erection and
maintenance of pipe lines, pole lines, conduits, sluiceways,
roads, railroads and tramways. The commissioner may grant
permits and licenses or leases for flowage rights, rights to
transport crude ore, concentrates or waste materials over such
state-owned lands, and may lease state-owned lands for the
depositing of stripping, lean ores, tailings, or waste products
of such business. Such permits, licenses or leases, may also
authorize the use of state-owned lands by such corporation or
association for plants and other buildings necessary to the
proper carrying on of such business and may grant water rights
and other rights requisite to the construction of wharves,
piers, breakwaters, or similar facilities necessary to the
carrying on of such business or the shipment of the products
thereof. The commissioner may also license the flooding of
state lands in connection with any permit or authorization for
the use of public waters issued by the legislature or issued by
the commissioner pursuant to law. Such permits, licenses, and
leases shall be upon such conditions and for such consideration
and for such period of time as the commissioner may determine.
The county auditor, with the approval of the county board, is
authorized to grant permits, licenses and leases for all such
purposes across tax-forfeited lands not held by the state free
from any trust in favor of any and all taxing districts, upon
such conditions and for such consideration and for such period
of time as the county board may determine. Any proceeds from
the granting of such permits, licenses or leases shall be
apportioned and distributed as other proceeds from the sale or
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rental of tax-forfeited lands.
HIST: 1945 c 275 s 2; 1955 c 619 s 1; 1969 c 1129 art 3 s 1;
1979 c 145 s 1; 1999 c 86 art 1 s 26
==117.471
117.471 Easements over tax-forfeited lands, approval.
Any easements over tax-forfeited lands granted by the
county board of any county under section 117.47, shall be
subject to the condition that it be approved by the commissioner
of natural resources.
HIST: 1955 c 814 s 1; 1969 c 1129 art 3 s 1
==117.48
117.48 Crude oil pipeline companies, eminent domain.
The business of transporting crude petroleum, oil, their
related products and derivatives including liquefied
hydrocarbons, or natural gas by pipeline as a common carrier, is
declared to be in the public interest and necessary to the
public welfare, and the taking of private property therefor is
declared to be for a public use and purpose. Any corporation or
association qualified to do business in the state of Minnesota
engaged in or preparing to engage in the business of
transporting crude petroleum, oil, their related products and
derivatives including liquefied hydrocarbons, or natural gas by
pipeline as a common carrier, is authorized to acquire, for the
purpose of such business, easements or rights-of-way, over,
through, under or across any lands, not owned by the state or
/`\ devoted to a public purpose for the construction, erection,
laying, maintaining, operating, altering, repairing, renewing
and removing in whole or in part, a pipeline for the
transportation of crude petroleum, oil, their related products
and derivatives including liquefied hydrocarbons, or natural
gas. To such end it shall have and enjoy the right of eminent
domain to be exercised in accordance with this chapter, and acts
amendatory thereof, all of which provisions shall govern insofar
as they may be applicable hereto. Nothing herein shall be
construed as authorizing the taking of any property owned by the
state, or any municipal subdivision thereof, or the acquisition
of any rights in public waters except after permit, lease,
license or authorization issued pursuant to law.
HIST: 1971 c 322 s 1; 1987 c 353 s 4
==117.49
117.49 Repealed, 1992 c 374 s 1
==117.50
117.50 Definitions.
Subdivision 1. As used in sections 117.50 to 117.56, the
terms defined in this section shall have the meanings given them.
Subd. 2. "Person" means any individual, partnership,
corporation, or association.
Subd. 3. "Displaced person" means any person who moves
n from real property, or moves personal property from real
property, as a result of acquisition undertaken by an acquiring
authority or as a result of voluntary rehabilitation carried out
by a person pursuant to acquisition or as a consequence thereof.
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Subd. 4. "Acquisition" includes:
(a) acquisition by eminent domain;
(b) acquisition by negotiation;
(c) programs of areawide systematic housing code
enforcement; and
(d) demolition.
Subd. 5. "Acquiring authority" includes:
(a) the state and every public and private body and agency
thereof which has the power of eminent domain; and
(b) any acquiring authority carrying out an areawide
systematic housing code enforcement program.
HIST: 1973 c 604 s 1; 1986 c 444
==117.51
117.51 Cooperation with federal authorities.
In all acquisitions undertaken by any acquiring authority
and in all voluntary rehabilitation carried out by a person
pursuant to acquisition or as a consequence thereof, the
acquiring authority shall cooperate to the fullest extent with
federal departments and agencies, and it shall take all
necessary action in order to insure, to the maximum extent
possible, federal financial participation in any and all phases
of acquisition, including the provision of relocation
assistance, services, payments and benefits to displaced persons.
HIST: 1973 c 604 s 2
==117.52
117.52 Uniform relocation assistance.
Subdivision 1. Lack of federal funding. In all
acquisitions undertaken by any acquiring authority and in all
voluntary rehabilitation carried out by a person pursuant to
acquisition or as a consequence thereof, in which, due to the
lack of federal financial participation, relocation assistance,
services, payments and benefits under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970,
United States Code, title 42, sections 4601 to 4655, as amended
by the Surface Transportation and Uniform Relocation Assistance
Act of 1987, Statutes at Large, volume 101, pages 246 to 256
(1987) , are not available, the acquiring authority, as a cost of
acquisition, shall provide all relocation assistance, services,
payments and benefits required by the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970,
as amended by the Surface Transportation and Uniform Relocation
Assistance Act of 1987, and those regulations adopted pursuant
thereto, and either (1) in effect as of July 1, 1988, or (2)
becoming effective after July 1, 1988, following a public
hearing and comment. Comments received by an acquiring
authority within 30 days after the public hearing must be
reviewed and a written response provided to the individual or
organization who initiated the comment. The response and
comments may be addressed in another public hearing by the
acquiring authority before approval.
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Subd. 2. Acquisitions for highway purposes. Despite
subdivision 1, with respect to acquisitions for highway purposes
or acquisitions for which the state department of transportation
performs relocation assistance services for the department of
administration, the regulations of the United States Department
of Transportation may be applied to all displaced persons who
would otherwise be eligible for such relocation assistance,
services, payments and benefits thereunder but for the lack of
federal financial participation.
Subd. 3. Exception. This section shall not apply in
the case where federal financial participation for provision of
relocation assistance, services, payments and benefits in
connection with an acquisition has been procured or committed
pursuant to section 117.51 and has then been withdrawn by the
United States, unless the acquiring authority subsequently
determines to proceed with the acquisition in question using
nonfederal funds.
HIST: 1973 c 604 s 3; 1976 c 166 s 7; 1984 c 633 s 1; 1987 c
80 s 1; 1988 c 698 s 1; 1989 c 83 s 1
==117.521
117.521 Waiver of relocation benefits.
Subdivision 1. Any owner-occupant of property who (a)
prior to any action by the acquiring authority indicating an
intent to acquire the property whether or not the owner-occupant
is willing to sell, requests that the property be acquired
through negotiation, or (b) has clearly shown an intent to sell
n the property on the public market prior to any inquiry or action
by the acquiring authority, may voluntarily waive any relocation
assistance, services, payments and benefits, for which eligible
under this chapter by signing a waiver agreement specifically
describing the type and amounts of relocation assistance,
services, payments and benefits for which eligible, separately
listing those being waived, and stating that the agreement is
voluntary and not made under any threat of acquisition by
eminent domain by the acquiring authority. Prior to execution
of the waiver agreement by the owner-occupant, the acquiring
authority shall explain the contents thereof to the
owner-occupant.
Any waiver not voluntarily agreed to is invalid, and the
burden of proof shall be upon the acquiring authority to show
that the agreement was entered into voluntarily. A statement at
trial by a witness not involved in the acquisition of the
property, that the contents of the waiver agreement were
explained to the owner-occupant in a manner understandable to
the owner-occupant, describing the method of explanation, that
the owner-occupant appeared to understand the terms and
conditions of the waiver agreement, that no express or implied
threats of taking the property by eminent domain, or any other
threats intended to induce the owner-occupant to waive
relocation assistance benefits, were made to the owner-occupant
by any employee or official of the acquiring authority
throughout the entire process of acquisition of the property,
and that the owner-occupant appeared to voluntarily enter into
the agreement, shall, unless decided otherwise by the court,
shift the burden of proof to the person claiming that the
agreement was not entered into voluntarily.
Subd. 2. The owner of a rental property whose property is
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being acquired through negotiation as a result of either
subdivision 1, clause (a) or (b) , may waive only the right to
relocation assistance, services, payments and benefits as
outlined in subdivision 1, and nonowner occupants of the
property being acquired shall receive all relocation assistance,
services, payments and benefits for which they are eligible,
notwithstanding the provision of subdivision 1.
Subd. 3. The provisions of subdivisions 1 and 2 shall not
apply to the acquisition of properties situated wholly or in
part within any district for development authorized under Laws
1971, chapter 548 or 677; or Laws 1973, chapter 196, 761, or
764; or Laws 1974, chapter 485; or Minnesota Statutes, chapter
462, 458, or 458C.
Subd. 4 . The provisions of this section shall not limit
any existing rights to waive relocation benefits.
HIST: 1976 c 10 s 1; 1986 c 399 art 2 s 2; 1986 c 400 s 2;
1986 c 444; 1Sp1986 c 3 art 2 s 41
==117.53
117.53 Authorization.
All acquiring authorities are hereby authorized to do any
acts and take all actions necessary to carry out the provisions
of sections 117.50 to 117.56, including the acquisition,
rehabilitation and relocation of existing housing and the
construction of new housing in accordance with the provisions of
the Federal Aid Highway Act of 1970, Statutes at Large, volume
84, page 1713 (1971) , United States Code, title 23, section 101,
/'• et seq. , and any other federal and state laws, where projects
cannot proceed to construction because replacement housing
cannot be made available.
HIST: 1973 c 604 s 4
==117.54
117.54 No additional damages created.
Nothing in sections 117.50 to 117.56 shall be construed as
creating in any condemnation proceedings brought by any
acquiring authority under the power of eminent domain, any
element of damages not recognized on August 22, 1968.
HIST: 1973 c 604 s 5
==117.55
117.55 Payments not considered for public assistance
purposes.
No payments received under sections 117.50 to 117.56 shall
be considered for purposes of determining the eligibility or the
extent of eligibility of any person for public assistance based
on need under the laws of the state of Minnesota.
HIST: 1973 c 604 S 6; 1Sp1985 c 14 art 1 s 5
==117.56
117.56 Inapplicability to hazardous and substandard
building proceedings.
The provisions of sections 117.50 to 117.56 shall not apply
to any proceedings brought by a governmental subdivision under
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sections 463.15 to 463.26.
HIST: 1973 c 604 s 7
==117.57
117.57 Authorities; railroad properties.
Subdivision 1. Eminent domain. The power of eminent
domain of an authority, as defined in section 469.174,
subdivision 2, extends to railroad properties located within the
authority's limits, provided:
(1) the railroad property is not a line of track for which
abandonment is required under federal law, or if it is a line of
track for which abandonment is required under federal law,
abandonment has been approved;
(2) the railroad property is not currently used for the
following activities of the railroad, not including storage,
maintenance, and repair activities:
(i) switching;
(ii) loading or unloading; or
(iii) classification activities;
(3) some part of the property contains land pollution as
defined in section 116.06, or contains a release or threatened
release of petroleum, as provided in chapter 115C, or contains a
release or threatened release of a pollutant, contaminant,
hazardous substance, or hazardous waste, as provided in chapter
115B; and
(4) the authority intends to develop the property and has a
plan for its cleanup and development within five years in order
to maximize its market value.
Property in current use under clause (2) includes only that
area which is reasonably necessary for current operation.
Upon a showing by the petitioner in condemnation
proceedings that the conditions described in clauses (1) to (3)
exist, then the public use to which the authority would put the
property is presumed a superior public use to railroad use or
any other past, present, or proposed future use. A railroad may
rebut the presumption by clear and convincing evidence that the
railroad use is a superior use.
Subd. 2. Relation to state rail bank. Nothing in
this section shall supersede the provisions of section 222. 63.
Subd. 3. Relation to regional railroad authorities.
An authority shall not be adjudged to have a superior public use
to that of a regional railroad authority as defined in section
398A.01, a railroad property which has been identified and
approved as a light rail corridor by the metropolitan council
under chapter 473, or a state trail covered by section 85.015.
Subd. 4. Line of track for agricultural use. (a)
Except as provided in paragraph (b) , subdivision 1 does not
apply to railroad property that is in a county outside of the
metropolitan area as defined in section 473.121, subdivision 2,
if:
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(1) the property is a line of track in actual use; and
(2) the line of track is the principal means of
transportation for an agricultural use, as defined in section
17.81, subdivision 4, by an owner or lessee of real estate
abutting the line of track.
(b) The line of track may be acquired under subdivision 1
with the written consent of all the owners or lessees described
in paragraph (a) , clause (2) .
Subd. 5. Relocation costs. No property with ongoing
railroad use at the time of acquisition may be acquired under
this section without payment of the costs of relocation under
section 117.52.
Subd. 6. Quick take limited. In a condemnation under
this section, where the authority seeks title and possession
under section 117.042, the time provided in that section must be
extended by the court for a period, not to exceed 150 days, if
reasonably required for the relocation of any ongoing railroad
use at the time of the acquisition.
Subd. 7. Coal slurry pipelines. No property may be
acquired under this section for use as a coal slurry pipeline or
other related facility.
HIST: 1991 c 291 art 1 s 4
==117.misc2000 Minn. Stats. repealed, etc. secs in chap 117
,• 117.01 Repealed, 1971 c 595 s 29
117.015 Repealed, 1971 c 595 s 29
117.02 Repealed, 1971 c 595 s 29
117.03 Repealed, 1971 c 595 s 29
117.04 Repealed, 1971 c 595 s 29
117.05 Repealed, 1971 c 595 s 29
117.06 Repealed, 1971 c 595 s 29
117.07 Repealed, 1971 c 595 s 29
117.08 Repealed, 1971 c 595 s 29
117.09 Repealed, 1971 c 595 s 29
117.095 Repealed, 1973 c 604 s 8
117.10 Repealed, 1971 c 595 s 29
117.11 Repealed, 1971 c 595 s 29
117. 12 Repealed, 1971 c 595 s 29
117.13 Repealed, 1971 c 595 s 29
117.133 Repealed, 1971 c 595 s 29
117.14 Repealed, 1971 c 595 s 29
117.15 Repealed, 1971 c 595 s 29
117. 16 Repealed, 1971 c 595 s 29
117.17 Repealed, 1971 c 595 s 29
117.18 Repealed, 1971 c 595 s 29
117. 19 Repealed, 1971 c 595 s 29
117.20 Repealed, 1971 c 595 s 29
117.201 Repealed, 1971 c 595 s 29
117.202 Repealed, 1971 c 595 s 29
117.22 Renumbered 375.181
117.23 Repealed, 1961 c 561 s 17
117.24 Repealed, 1961 c 561 s 17
117.25 Repealed, 1961 c 561 s 17
117.26 Repealed, 1961 c 561 s 17
117.27 Repealed, 1961 c 561 s 17
117.28 Repealed, 1961 c 561 s 17
117.29 Repealed, 1961 c 561 s 17
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117.30 Repealed, 1961 c 561 s 17
117.31 Repealed, 1991 c 199 art 1 s 32
117.32 Repealed, 1971 c 595 s 29
117.33 Repealed, 1971 c 595 s 29
117.34 Repealed, 1971 c 595 s 29
117.35 Repealed, 1971 c 595 s 29
117.36 Repealed, 1971 c 595 s 29
117.37 Repealed, 1971 c 595 s 29
117.42 Repealed, 1971 c 595 s 29
117.43 Repealed, 1971 c 595 s 29
117.44 Repealed, 1971 c 595 s 29
117.45 Repealed, 1971 c 595 s 29
117.46 Repealed, 1979 c 145 s 2
117.461 Repealed, 1979 c 145 s 2
117.49 Repealed, 1992 c 374 s 1
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