HF 3028

as introduced - 89th Legislature (2015 - 2016) Posted on 03/14/2016 03:26pm

A bill for an act
relating to eminent domain; providing for certain attorney fees; amending
Minnesota Statutes 2014, section 117.031.

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

Section 1.

Minnesota Statutes 2014, section 117.031, is amended to read:

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
court shall award the owner reasonable attorney fees, litigation expenses, appraisal fees,
other experts fees, and other related costs in addition to other compensation and fees
authorized by this chapter. If the final judgment or award is at least 20 percent, but not
more than 40 percent, greater than the last written offer, the court may award reasonable
attorney fees, expenses, and other costs and fees as provided in this paragraph. The final
judgment or award of damages shall be determined as of the date of taking. No attorney
fees shall be awarded under this paragraph if the final judgment or award of damages
does not exceed $25,000. For the purposes of this section, the "final judgment or award
for damages" does not include any amount for loss of a going concern unless that was
included in the last written offer by the condemning authority.

new text begin (b) If the original offer made to the owner is less than 85 percent of the final
judgment or award for damages, as determined at any level in the eminent domain process,
the court shall award the owner reasonable attorney fees, litigation expenses, appraisal
fees, other experts fees, and other related costs in addition to other compensation and fees
authorized by this chapter. For the purposes of this paragraph, "original offer" means the
first written offer of compensation, including a written offer during negotiation under
section 117.036, subdivision 3, made by the condemning authority to the owner.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end In any case where the court determines that a taking is not for a public use or
is unlawful, the court shall award the owner reasonable attorney fees and other related
expenses, fees, and costs in addition to other compensation and fees authorized by this
chapter.