HF 1901

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to eminent domain; awarding attorney fees to 
  1.3             landowner when damage award exceeds original offer by 
  1.4             20 percent; requiring primary necessity before 
  1.5             property may be taken for public purpose; amending 
  1.6             Minnesota Statutes 2002, section 117.075; Minnesota 
  1.7             Statutes 2003 Supplement, section 117.036, by adding a 
  1.8             subdivision. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.11  117.036, is amended by adding a subdivision to read: 
  1.12     Subd. 4.  [ATTORNEY FEES.] In addition to other fees or 
  1.13  expenses authorized by this section, the owner may be awarded 
  1.14  reasonable attorney fees if the final judgment or award for 
  1.15  damages, as determined at any level in the eminent domain 
  1.16  process, exceeds either the original offer of compensation made 
  1.17  by the condemning authority or the amount deposited with the 
  1.18  court by 20 percent or more. 
  1.19     Sec. 2.  Minnesota Statutes 2002, section 117.075, is 
  1.20  amended to read: 
  1.21     117.075 [COURT TO APPOINT COMMISSIONERS.] 
  1.22     Upon proof being filed of the service of such notice, the 
  1.23  court, at the time and place therein fixed or to which the 
  1.24  hearing may be adjourned, shall hear all competent evidence 
  1.25  offered for or against the granting of the petition, regulating 
  1.26  the order of proof as it may deem best.  If Upon the acquiring 
  1.27  authority proving by a preponderance of the evidence that the 
  2.1   proposed taking shall appear to be necessary and such as is 
  2.2   authorized by law, and necessary to serve a primarily public 
  2.3   purpose, the court by an order shall appoint three disinterested 
  2.4   commissioners, and at least two alternates, to ascertain and 
  2.5   report the amount of damages that will be sustained by the 
  2.6   several owners on account of such taking.  If the court denies 
  2.7   the petition, the court may award reasonable attorney fees, 
  2.8   appraisal fees, expert fees, and other costs and disbursements 
  2.9   to the owner of property which was proposed to be taken. 
  2.10     Before appointing a commissioner, the court shall inquire 
  2.11  whether each prospective commissioner has any relationship, 
  2.12  business or otherwise, to any of the parties in the proceeding, 
  2.13  or any interest in the proceeding which may constitute a 
  2.14  conflict of interest, or which may create the appearance of 
  2.15  impropriety should that person be appointed.  Responses to this 
  2.16  inquiry must be either written or on the record and made 
  2.17  available by the court to any party in the proceeding before and 
  2.18  after appointment.  No person who might have difficulty in 
  2.19  rendering an unbiased decision may be appointed to serve.  The 
  2.20  court, in its discretion, may appoint one registered, practicing 
  2.21  attorney to the commission who is knowledgeable in eminent 
  2.22  domain matters.  All other commissioners appointed must be 
  2.23  persons actively engaged in the occupation of real estate sales 
  2.24  or real estate appraising or persons knowledgeable in real 
  2.25  estate values.  The order shall fix the time and place of the 
  2.26  first meeting of the three commissioners and prescribe their 
  2.27  compensation.  At the first meeting at the office of the court 
  2.28  administrator of district court the appointees must be sworn by 
  2.29  the court administrator or an authorized deputy and shall take 
  2.30  and sign the following oath before assuming their duties as 
  2.31  commissioners: 
  2.32                       (TITLE OF PROCEEDING) 
  2.33     .................................  does swear under penalty 
  2.34     of perjury as follows: 
  2.35     I will faithfully and justly perform to the best of my 
  2.36     ability, all the duties of the office and trust which I now 
  3.1      assume as commissioner in the above entitled proceeding.  I 
  3.2      further swear that, except as disclosed in writing or on 
  3.3      the record, I have no interest in any of the lands in the 
  3.4      above proceeding or any present or past relationship, 
  3.5      business or personal, with any of the parties to the above 
  3.6      proceeding or any other actual or potential conflict of 
  3.7      interest, and that I will render fair and impartial 
  3.8      decisions, so help me God. 
  3.9      The order may, in the discretion of the court, limit the 
  3.10  title or easement to be acquired by the petitioner by defining 
  3.11  the rights and privileges which the owner of any of the lands 
  3.12  may exercise therein in subordination to the public uses to 
  3.13  which it is appropriated.  In case any commissioner fails to act 
  3.14  or fails to meet the qualifications required by this section, 
  3.15  the court without further notice may appoint another in that 
  3.16  commissioner's place.  
  3.17     The court administrator of court in each county shall post 
  3.18  in the courthouse in a prominent place a notice that a qualified 
  3.19  person may apply to have the person's name placed upon a list of 
  3.20  potential commission appointees for eminent domain proceedings. 
  3.21  The notice must contain the language of the oath which the 
  3.22  commissioners are required to take upon appointment and shall 
  3.23  list the other qualifications set forth in this section.  The 
  3.24  court shall give due consideration to the names appearing on the 
  3.25  list, but is not bound to make appointments from the list. 
  3.26     Sec. 3.  [EFFECTIVE DATE.] 
  3.27     This act is effective the day following final enactment.