Minnesota Legislature
HF 3490
as introduced - 89th Legislature (2015 - 2016) Posted on 03/23/2016 11:13am
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A bill for an act
relating to eminent domain; providing for attorney fees; amending Minnesota
Statutes 2014, sections 117.031; 117.105, subdivision 1; Minnesota Statutes
2015 Supplement, section 117.036, subdivisions 2, 4.
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 new text begin final new text end award for damagesdeleted text begin , as determined at any level in the
eminent domain process,deleted text end is more than 40 percent greater than the deleted text begin lastdeleted text end new text begin highestnew text end written offer
of compensation made by the condemning authority deleted text begin prior to the filing of the petitiondeleted text end new text begin no
later than 30 days after receipt of the owner's appraisalnew text end , 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 new text begin final new text end award is at least 20 percent, but not more than 40 percent, greater
than the deleted text begin lastdeleted text end new text begin highestnew text end written offernew text begin made no later than 30 days after receipt of the owner's
appraisalnew text end , 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 sectiondeleted text begin ,deleted text end new text begin :
(1) new text end the "final judgment or new text begin final new text end 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
authoritynew text begin ; and (2) "final award" means an award of the commissioners that is not appealednew text end .
(b) 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.
Sec. 2.
Minnesota Statutes 2015 Supplement, section 117.036, subdivision 2, is
amended to read:
Subd. 2.
Appraisal.
(a) Before commencing an eminent domain proceeding under
this chapter for an acquisition greater than $25,000, the acquiring authority must obtain
at least one appraisal for the property proposed to be acquired. In making the appraisal,
the appraiser must confer with one or more of the owners of the property, if reasonably
possible. For acquisitions less than $25,000, the acquiring authority may obtain a
minimum damage acquisition report in lieu of an appraisal. In making the minimum
damage acquisition report, the qualified person with appraisal knowledge must confer with
one or more of the owners of the property, if reasonably possible. Notwithstanding section
13.44, the acquiring authority must provide the owner with a copy of (1) each appraisal
for property acquisitions over $25,000, or (2) the minimum damage acquisition report
for properties under $25,000, the acquiring authority has obtained for the property at the
time an offer is made, but no later than 60 days before presenting a petition under section
117.055. The acquiring authority must also inform the owner of the right to obtain an
appraisal under this section. Upon request, the acquiring authority must make available to
the owner all appraisals for properties over $25,000, or the minimum damage acquisition
report for properties under $25,000. If the acquiring authority is considering both a full
and partial taking of the property, the acquiring authority shall obtain and provide the
owner with appraisals for properties over $25,000 for both types of takings, or minimum
damage acquisition reports for properties under $25,000.
(b) The owner may obtain an appraisal by a qualified appraiser of the property
proposed to be acquired. The owner is entitled to reimbursement for the reasonable costs
of the appraisal from the acquiring authority up to a maximum of $1,500 for single family
and two-family residential property and minimum damage acquisitions and $5,000 for
other types of property, provided that the owner submits to the acquiring authority the
information necessary for reimbursement, including a copy of the owner's appraisal,
at least deleted text begin fivedeleted text end new text begin 90new text end days before a condemnation commissioners' hearing. For purposes of
this subdivision, a "minimum damage acquisition" means an interest in property that a
qualified person having an understanding of the local real estate market indicates can
be acquired for $25,000 or less.
(c) The acquiring authority must pay the reimbursement to the owner within 30
days after receiving a copy of the appraisal and the reimbursement information. Upon
agreement between the acquiring authority and the owner, the acquiring authority may pay
the reimbursement directly to the appraiser.
Sec. 3.
Minnesota Statutes 2015 Supplement, section 117.036, subdivision 4, is
amended to read:
Subd. 4.
Use of appraisal at commissioners' hearing.
An appraisal or
minimum damage acquisition report must not be used or considered in a condemnation
commissioners' hearing, nor may the appraiser who prepared the appraisal or the person
who prepared the minimum damage acquisition report testify, unless a copy of the
appraiser's written report or the minimum damage acquisition report is provided to the
opposing party at least five days before the hearing.new text begin Notwithstanding any other law to the
contrary, a party who fails to produce an appraisal at least 90 days before the hearing shall
not be eligible for an award of fees, expenses, and costs under section 117.031.
new text end
Sec. 4.
Minnesota Statutes 2014, section 117.105, subdivision 1, is amended to read:
Subdivision 1.
Filing of report.
The report of the commissioners shall be filed
with the court administrator of district court within deleted text begin 90deleted text end new text begin 180new text end days from the date of the
order appointing the commissioners, unless such order otherwise prescribes, but for
cause shown upon written motion of the petitioner and not less than three days' notice
thereof duly served by mail or otherwise upon such respondents, or their attorneys who
entered an appearance at the hearing on the petition or notified the petitioner of their
formal appearance, the court may extend the time for making and filing the report. If the
petitioner serves such motion and notice thereof by mail, such service shall be at least six
days prior to the date of the hearing on the motion.
Sec. 5. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 4 are effective the day following final enactment.
new text end