Title Minnesota Statutes, Minnesota Statutes

117.031 ATTORNEY FEES. (a) If the final judgment or award for damages, as determined at any level in the eminent domain process, is more than 40 percent greater than the last written offer of compensation made by the condemning authority prior to the filing of the petition, the c…

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 suc…

117.036 APPRAISAL AND NEGOTIATION REQUIREMENTS. § Subdivision 1.Application. This section applies to the acquisition of property under this chapter. § Subd. 1a.Definition of owner. For the purposes of this section, "owner" means fee owner, contract purchaser, or business lessee w…

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 b…

117.0412 LOCAL GOVERNMENT PUBLIC HEARING REQUIREMENTS. § Subdivision 1.Definitions. For the purposes of this section: (1) "local government" means the elected governing body of a statutory or home rule charter city, county, or township; and (2) "local government agency" means a s…

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,…

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) …

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 pers…

117.054 COPIES OF APPRAISAL TO LANDOWNER. A public utility, municipal utility, cooperative electric association, natural gas pipeline or crude oil or petroleum products pipeline company must provide the property owner with a copy of each appraisal it has obtained for a property b…

117.055 PETITION AND NOTICE. § Subdivision 1.Petition. 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 there…

117.065 NOTICES OF PENDENCY AND ABANDONMENT; REQUIRED RECORDINGS. At the time of filing the petition the petitioner shall 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 noti…

117.075 HEARING; COMMISSIONERS; ORDER FOR TAKING. § Subdivision 1.Hearing on taking; evidentiary standard. (a) 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 e…

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 adjou…

117.086 NONCONTIGUOUS TRACTS, TREATMENT AS UNIT. § Subdivision 1.Certain land considered as a unit. 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 …

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 a…

117.105 FILING OF REPORT, TIME, FAILURE TO REPORT. § Subdivision 1.Filing of report. 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 p…

117.115 REPORT, NOTICE. § Subdivision 1.Fees and disbursements. 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 d…

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…

117.135 TAXES AND ASSESSMENTS. § Subdivision 1.Payment of taxes and assessments on acquired property. 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…

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 …

117.155 PAYMENTS; PARTIAL PAYMENT PENDING APPEAL. 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, …

117.165 JURY TRIALS; DISCLOSURE. § Subdivision 1.Appeal. 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.Disclosure of witnesses, appraisals …

117.175 TRIAL, BURDEN OF PROOF, COSTS. § Subdivision 1.Trial. 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 th…

117.184 COMPENSATION FOR REMOVAL OF LEGAL NONCONFORMING USE. (a) Notwithstanding any law to the contrary, an ordinance or regulation of a political subdivision of the state or local zoning authority that requires the removal of a legal nonconforming use as a condition or prerequi…

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 s…

117.186 COMPENSATION FOR LOSS OF GOING CONCERN. § Subdivision 1.Definitions. For purposes of this section: (1) "going concern" means the benefits that accrue to a business or trade as a result of its location, reputation for dependability, skill or quality, customer base, good wi…

117.187 MINIMUM COMPENSATION. When an owner must relocate, the amount of damages payable, at a minimum, must be sufficient for an owner to purchase a comparable property in the community and not less than the condemning authority's payment or deposit under section 117.042, to the…

117.188 LIMITATIONS. The condemning authority must not require the owner to accept as part of the compensation due any substitute or replacement property. The condemning authority must not require the owner to accept the return of property acquired or any portion of the property.…

117.189 PUBLIC SERVICE CORPORATION EXCEPTIONS. (a) Sections 117.031; 117.036; 117.055, subdivision 2, paragraph (b); 117.186; 117.187; 117.188; and 117.52, subdivisions 1a and 4, do not apply to the use of eminent domain authority by public service corporations for any purpose ot…

117.195 INTEREST; AWARD, WHEN PAYABLE; DISMISSAL; COSTS. § 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 peti…

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, whi…

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 up…

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 d…

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 …

117.226 RIGHT OF FIRST REFUSAL. (a) Except as provided in sections 15.16, 160.85, 161.16, 161.20, 161.202, 161.23, 161.24, 161.241, 161.43, 161.46, and 222.63, if the governing body of the condemning authority determines that publicly owned property acquired under this chapter ha…

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 adjudic…

117.232 DIRECT PURCHASE. § Subdivision 1.Reimbursement for appraisal fees; moving costs. 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 excee…

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 st…

117.39 PROCEEDINGS UNDER POWER 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 power of eminent domain; and all of…

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. History: (6576) 1915 c 45 s…

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, or other governmental authority mentioned in section 117.38. Li…

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 s…

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. History: 1955 c 814 s 1; 19…

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 …

117.50 DEFINITIONS. § Subdivision 1.Scope. As used in sections 117.50 to 117.56, the terms defined in this section shall have the meanings given them. § Subd. 2.Person. "Person" means any individual, partnership, corporation, or association. § Subd. 3.Displaced person. "Displaced…

117.51 COOPERATION WITH FEDERAL AUTHORITIES; REESTABLISHMENT COSTS LIMIT. § Subdivision 1.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 co…