1.1 	A bill for an act
1.2 	relating to real property; eminent domain; providing
1.3 	for loss of going concern; proposing coding for new
1.4 	law in Minnesota Statutes, chapter 117.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [117.186] LOSS OF GOING CONCERN.
1.7 	(a) The owner of a business conducted on any property
1.8 	taken, damaged, or destroyed, or on the remainder if such
1.9 	property is part of a larger parcel, shall be compensated for
1.10 	loss of going concern, unless the condemning authority
1.11 	establishes any of the following by clear and convincing
1.12 	evidence:
1.13 	(1) the loss is not caused by the taking of the property or
1.14 	the injury to the remainder;
1.15 	(2) the loss can be reasonably prevented by relocating the
1.16 	business in the same or similar location as the property that
1.17 	was taken, or by taking steps and adopting procedures that a
1.18 	reasonably prudent person would take and adopt in preserving the
1.19 	going concern of the business; or 
1.20 	(3) compensation for the loss of going concern will be
1.21 	duplicated in the compensation otherwise awarded to the owner.
1.22 	(b) For purposes of this section, "going concern" means the
1.23 	benefits that accrue to a business as a result of its location,
1.24 	reputation for dependability, skill or quality, customer base,
1.25 	or any other circumstances resulting in probable retention of
2.1 	old or acquisition of new patronage.
2.2 	(c) In all cases where an owner will seek compensation for
2.3 	loss of going concern, the damages, if any, shall in the first
2.4 	instance be determined and reported by the commissioners under
2.5 	section 117.105 as part of the compensation due to the owner.
2.6 	The owner shall notify the condemning authority of its intent to
2.7 	claim compensation for loss of going concern no later than 30
2.8 	days prior to the commissioners' hearings.  The decision of the
2.9 	commissioners regarding any award for loss of going concern may
2.10 	be appealed by any party in accordance with section 117.145.