SF 685

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to eminent domain; establishing appraisal and 
  1.3             negotiation requirements before eminent domain 
  1.4             proceedings for transportation purposes may be 
  1.5             commenced; amending Minnesota Statutes 2002, sections 
  1.6             13.44, subdivision 3; 117.175, subdivision 2; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 117. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 13.44, 
  1.11  subdivision 3, is amended to read: 
  1.12     Subd. 3.  [REAL PROPERTY; APPRAISAL DATA.] (a) [ 
  1.13  CONFIDENTIAL OR PROTECTED NONPUBLIC DATA.] Estimated or 
  1.14  appraised values of individual parcels of real property which 
  1.15  are made by personnel of the state, its agencies and 
  1.16  departments, or a political subdivision or by independent 
  1.17  appraisers acting for the state, its agencies and departments, 
  1.18  or a political subdivision for the purpose of selling or 
  1.19  acquiring land through purchase or condemnation are classified 
  1.20  as confidential data on individuals or protected nonpublic data. 
  1.21     (b)  [PUBLIC DATA.] The data made confidential or protected 
  1.22  nonpublic by the provisions of paragraph (a) shall become public 
  1.23  upon the occurrence of any of the following:  
  1.24     (1) the negotiating parties exchange appraisals; 
  1.25     (2) the data are submitted to a court appointed 
  1.26  condemnation commissioner; 
  1.27     (3) the data are presented in court in condemnation 
  2.1   proceedings; or 
  2.2      (4) the negotiating parties enter into an agreement for the 
  2.3   purchase and sale of the property; or 
  2.4      (5) the data are submitted to the owner under section 
  2.5   117.036. 
  2.6      Sec. 2.  [117.036] [APPRAISAL AND NEGOTIATION REQUIREMENTS 
  2.7   APPLICABLE TO ACQUISITION OF PROPERTY FOR TRANSPORTATION 
  2.8   PURPOSES.] 
  2.9      Subdivision 1.  [APPLICATION.] This section applies to the 
  2.10  acquisition of property for public highways, streets, roads, 
  2.11  alleys, airports, mass transit facilities, or for other 
  2.12  transportation facilities or purposes. 
  2.13     Subd. 2.  [APPRAISAL.] (a) Before commencing an eminent 
  2.14  domain proceeding under this chapter, the acquiring authority 
  2.15  must obtain at least one appraisal for the property proposed to 
  2.16  be acquired.  In making the appraisal, the appraiser must confer 
  2.17  with one or more of the owners of the property, if reasonably 
  2.18  possible.  At least 20 days before presenting a petition under 
  2.19  section 117.055, the acquiring authority must provide the owner 
  2.20  with a copy of the appraisal and inform the owner of the owner's 
  2.21  right to obtain an appraisal under this section.  
  2.22     (b) The owner may obtain an appraisal by a qualified 
  2.23  appraiser of the property proposed to be acquired.  The owner is 
  2.24  entitled to reimbursement for the reasonable costs of the 
  2.25  appraisal from the acquiring authority up to the limits provided 
  2.26  by section 117.085 at the time the owner submits the appraisal 
  2.27  to the acquiring authority, provided that the owner does so 
  2.28  within 60 days after the owner receives the appraisal from the 
  2.29  authority under paragraph (a).  
  2.30     Subd. 3.  [NEGOTIATION.] In addition to the appraisal 
  2.31  requirements under subdivision 2, before commencing an eminent 
  2.32  domain proceeding, the acquiring authority must make a good 
  2.33  faith attempt to negotiate personally with the owner of the 
  2.34  property in order to acquire the property by direct purchase 
  2.35  instead of the use of eminent domain proceedings.  In making 
  2.36  this negotiation, the acquiring authority must consider the 
  3.1   appraisals in its possession and other information that may be 
  3.2   relevant to a determination of damages under this chapter. 
  3.3      Sec. 3.  Minnesota Statutes 2002, section 117.175, 
  3.4   subdivision 2, is amended to read: 
  3.5      Subd. 2.  The court may, in its discretion, after a verdict 
  3.6   has been rendered on the trial of an appeal, allow as taxable 
  3.7   costs reasonable expert witness and appraisal fees of the owner, 
  3.8   together with the owner's reasonable costs and 
  3.9   disbursements.  The court may award the owner reasonable 
  3.10  attorney fees if the final judgment or verdict exceeds the 
  3.11  commissioner's award of damages by 20 percent or more and the 
  3.12  proceeding involved an acquisition of property for 
  3.13  transportation purposes governed by section 117.036.  No expert 
  3.14  witness fees, costs or disbursements shall be awarded to the 
  3.15  petitioner regardless of who is the prevailing party.