SF 2266

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2019 04:06pm

A bill for an act
relating to state government; modifying condemnation procedures; amending
Minnesota Statutes 2018, section 117.075, subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2018, section 117.075, subdivision 2, is amended to read:

Subd. 2.

Appoint commissioners for damages.

new text begin (a) new text end If the proposed taking shall appear
to be necessary and such as is authorized by law, the court by an order shall appoint three
disinterested commissioners, and at least two alternates, to ascertain and report the amount
of damages that will be sustained by the several owners on account of such taking.

new text begin (b) A disinterested commissioner or alternate appointed under this subdivision must
reside in Minnesota.
new text end

Sec. 2.

Minnesota Statutes 2018, section 117.075, subdivision 3, is amended to read:

Subd. 3.

Commissioner qualifications.

deleted text begin Before appointing a commissioner, deleted text end The court
shall inquire whether each prospective commissioner has any relationship, business or
otherwise, to any of the parties in the proceeding, or any interest in the proceeding which
may constitute a conflict of interest, or which may create the appearance of impropriety
should that person be appointed. Responses to this inquiry must be either written or on the
record and made available by the court to any party in the proceeding deleted text begin before and after
appointment deleted text end . No person who might have difficulty in rendering an unbiased decision may
be appointed to serve. The court, in its discretion, may appoint one registered, practicing
attorney to the commission who is knowledgeable in eminent domain matters. All other
commissioners appointed must be persons actively engaged in the occupation of real estate
sales or real estate appraising or persons knowledgeable in real estate values.