HF 652

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to eminent domain; providing the owner costs 
  1.3             and fees; amending Minnesota Statutes 2000, sections 
  1.4             117.042; 117.175, subdivision 2; and 117.232; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 117. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 117.042, is 
  1.9   amended to read: 
  1.10     117.042 [POSSESSION.] 
  1.11     Whenever the petitioner shall require title and possession 
  1.12  of all or part of the owner's property prior to the filing of an 
  1.13  award by the court appointed commissioners, the petitioner 
  1.14  shall, at least 90 days prior to nine months, as computed under 
  1.15  section 645.14, before the date on which possession is to be 
  1.16  taken, notify the owner of the intent to possess by notice 
  1.17  served by certified mail and before taking title and possession 
  1.18  shall pay to the owner or deposit with the court an amount equal 
  1.19  to petitioner's approved appraisal of value.  Amounts deposited 
  1.20  with the court shall be paid out under the direction of the 
  1.21  court.  If it is deemed necessary to deposit the above amount 
  1.22  with the court the petitioner may apply to the court for an 
  1.23  order transferring title and possession of the property or 
  1.24  properties involved from the owner to the petitioner.  In all 
  1.25  other cases, petitioner has the right to the title and 
  1.26  possession after the filing of the award by the court appointed 
  2.1   commissioners as follows: 
  2.2      (a) if appeal is waived by the parties upon payment of the 
  2.3   award; 
  2.4      (b) if appeal is not waived by the parties upon payment or 
  2.5   deposit of three-fourths of the award. The amount deposited 
  2.6   shall be deposited by the court administrator in an interest 
  2.7   bearing account no later than the business day next following 
  2.8   the day on which the amount was deposited with the court.  All 
  2.9   interest credited to the amount deposited from the date of 
  2.10  deposit shall be paid to the ultimate recipient of the amount 
  2.11  deposited. 
  2.12     Nothing in this section shall limit rights granted in 
  2.13  section 117.155. 
  2.14     Sec. 2.  [117.1451] [REIMBURSEMENT OF COSTS.] 
  2.15     In all eminent domain proceedings, the owner is entitled to 
  2.16  reimbursement of reasonable expert fees, appraisal fees, and 
  2.17  attorney fees, together with the owner's reasonable costs and 
  2.18  disbursements relating to the eminent domain proceedings if the 
  2.19  final judgment, as determined in the eminent domain process, 
  2.20  exceeds the original offer of compensation made by the 
  2.21  condemning authority or the amount deposited with the courts by 
  2.22  15 percent or more. 
  2.23     Sec. 3.  Minnesota Statutes 2000, section 117.175, 
  2.24  subdivision 2, is amended to read: 
  2.25     Subd. 2.  The court may, in its discretion shall, after a 
  2.26  verdict has been rendered on the trial of an appeal, allow as 
  2.27  taxable costs reasonable expert witness and appraisal fees of 
  2.28  the owner, together with the owner's reasonable costs and 
  2.29  disbursements.  No expert witness fees, costs or disbursements 
  2.30  shall be awarded to the petitioner regardless of who is the 
  2.31  prevailing party.  
  2.32     Sec. 4.  Minnesota Statutes 2000, section 117.232, is 
  2.33  amended to read: 
  2.34     117.232 [DIRECT PURCHASE.] 
  2.35     Subdivision 1.  When acquisition of private property is 
  2.36  accomplished by the state department of transportation by direct 
  3.1   purchase the owner shall be entitled to reimbursement for 
  3.2   appraisal fees, not to exceed a total of $500 expert fees, 
  3.3   attorney fees, and other reasonable costs and disbursements.  
  3.4   When acquisition of private property is accomplished by any 
  3.5   other acquiring authority, the owner is entitled to 
  3.6   reimbursement for appraisal fees, not to exceed $500, expert 
  3.7   fees, attorney fees, and other reasonable costs and 
  3.8   disbursements if the owner is otherwise entitled to 
  3.9   reimbursement under sections 117.50 to 117.56.  The purchaser in 
  3.10  all instances shall inform the owner of the right, if any, to 
  3.11  reimbursement for appraisal fees, expert fees, attorney fees, 
  3.12  and other costs and disbursements reasonably incurred, in an 
  3.13  amount not to exceed $500, together with relocation costs, 
  3.14  moving costs and any other related expenses to which an owner is 
  3.15  entitled by sections 117.50 to 117.56.  This subdivision does 
  3.16  not apply to acquisition for utility purposes made by a public 
  3.17  service corporation organized pursuant to section 300.03 or 
  3.18  electric cooperative associations organized pursuant to chapter 
  3.19  308A. 
  3.20     Subd. 2.  In the event the purchaser and owner agree on the 
  3.21  fair market value of the property but cannot agree on the 
  3.22  appraisal fees, expert fees, attorney fees, other reasonable 
  3.23  costs and disbursements, and moving costs, the owner shall have 
  3.24  the option to accept the offer for the property and reject the 
  3.25  offer for the appraisal fees, expert fees, attorney fees, other 
  3.26  reasonable costs and disbursements, and moving costs.  In 
  3.27  addition thereto, the owner may, after due notice to all 
  3.28  interested parties, bring a motion at a special term of the 
  3.29  district court in the county in which the property is located 
  3.30  for a determination of such moving costs and appraisal fees by 
  3.31  the court.