HF 118

as introduced - 84th Legislature, 2005 1st Special Session (2005 - 2005) Posted on 12/15/2009 12:00am

A bill for an act
relating to real property; eminent domain; providing
for loss of going concern; proposing coding for new
law in Minnesota Statutes, chapter 117.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [117.186] LOSS OF GOING CONCERN.
new text end

new text begin (a) The owner of a business conducted on any property
taken, damaged, or destroyed, or on the remainder if such
property is part of a larger parcel, shall be compensated for
loss of going concern, unless the condemning authority
establishes any of the following by clear and convincing
evidence:
new text end

new text begin (1) the loss is not caused by the taking of the property or
the injury to the remainder;
new text end

new text begin (2) the loss can be reasonably prevented by relocating the
business in the same or similar location as the property that
was taken, or by taking steps and adopting procedures that a
reasonably prudent person would take and adopt in preserving the
going concern of the business; or
new text end

new text begin (3) compensation for the loss of going concern will be
duplicated in the compensation otherwise awarded to the owner.
new text end

new text begin (b) For purposes of this section, "going concern" means the
benefits that accrue to a business as a result of its location,
reputation for dependability, skill or quality, customer base,
or any other circumstances resulting in probable retention of
old or acquisition of new patronage.
new text end

new text begin (c) In all cases where an owner will seek compensation for
loss of going concern, the damages, if any, shall in the first
instance be determined and reported by the commissioners under
section 117.105 as part of the compensation due to the owner.
The owner shall notify the condemning authority of its intent to
claim compensation for loss of going concern no later than 30
days prior to the commissioners' hearings. The decision of the
commissioners regarding any award for loss of going concern may
be appealed by any party in accordance with section 117.145.
new text end