SF 1802

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; providing for furnishing
landowners with copies of appraisals on land for which
eminent domain proceedings have been commenced for
transportation purposes; providing for reimbursement
for appraisal costs; requiring preparation of public
information on land acquisition procedures for
transportation purposes; amending Minnesota Statutes
2004, section 117.036, subdivisions 2, 3, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2004, section 117.036,
subdivision 2, is amended to read:

Subd. 2.

Appraisal.

(a) Before commencing an eminent
domain proceeding under this chapter, 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 new text begin fee new text end owners new text begin or contract purchasers new text end of the
property, if reasonably possible. deleted text begin At least 20 days before
presenting a petition under section 117.055 deleted text end new text begin Notwithstanding
section 13.44 new text end , the acquiring authority must provide the new text begin fee
new text end owner new text begin or contract purchaser new text end with a copy of the appraisal and
inform deleted text begin the owner of the owner's deleted text end new text begin that person of the new text end right to
obtain an appraisal under this section. new text begin Upon request, a copy of
the appraisal must be provided to the fee owner or contract
purchaser within five days. The owner or contract purchaser
must provide the commissioner with appraisals of the property
for which the owner has been reimbursed with public funds.
new text end

(b) The new text begin fee new text end owner new text begin or contract purchaser new text end may obtain an
appraisal by a qualified appraiser of the property proposed to
be acquired. The new text begin fee new text end owner new text begin or contract purchaser new text end is entitled to
reimbursement for the reasonable costs of the appraisal from the
acquiring authority up to a maximum of $1,500 deleted text begin within 30 days
after the owner deleted text end new text begin if that person new text end submits to the acquiring
authority the information necessary for reimbursement, deleted text begin provided
that the owner does so within 60 days after the owner receives
the appraisal from the authority under paragraph (a) deleted text end new text begin and a copy
of the appraisal within 90 days after receiving the acquiring
authority's appraisal. The acquiring authority must pay the
reimbursement to the fee owner or contract purchaser within 30
days after receiving a copy of the appraisal and the
reimbursement information. Upon agreement between the fee owner
or contract purchaser and the acquiring authority, the acquiring
authority may pay the reimbursement, of up to $1,500, directly
to the appraiser new text end .

new text begin (c) An appraisal may not be used or considered in a
commissioner's hearing unless it is disclosed to all parties at
least three business days before the hearing.
new text end

Sec. 2.

Minnesota Statutes 2004, section 117.036,
subdivision 3, is amended to read:

Subd. 3.

Negotiation.

In addition to the appraisal
requirements under subdivision 2, before commencing an eminent
domain proceeding, the acquiring authority must make a good
faith attempt to negotiate personally with the owner of the
property in order to acquire the property by direct purchase
instead of the use of eminent domain proceedings. In making
this negotiation, the acquiring authority must consider the
appraisals in its possession new text begin , including any appraisal obtained
and furnished by the fee owner or contract purchaser, new text end and other
information that may be relevant to a determination of damages
under this chapter.

Sec. 3.

Minnesota Statutes 2004, section 117.036, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Information to be prepared. new text end

new text begin The commissioner of
transportation shall prepare, in consultation with the attorney
general and one or more professional associations of real estate
appraisers, a publication of not more than two pages that
describes the eminent domain process for transportation
projects, including the reasons for condemnation, the procedures
followed by condemnors, how property owners and citizens may
influence the condemnation process, and the rights of property
owners and citizens affected by condemnation. The commissioner
shall make this publication available to all persons on whose
property the commissioner has made an appraisal or to whom the
commissioner has made an offer to purchase. The commissioner
may make the publication available to other acquiring
authorities and may charge a price to recover the commissioner's
costs.
new text end