SF 2619

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to highways; requiring commissioner of 
  1.3             transportation to make available certain appraisals in 
  1.4             eminent domain actions; amending Minnesota Statutes 
  1.5             2003 Supplement, section 117.036, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.8   117.036, subdivision 2, is amended to read: 
  1.9      Subd. 2.  [APPRAISAL.] (a) Before commencing an eminent 
  1.10  domain proceeding under this chapter, the acquiring authority 
  1.11  must obtain at least one appraisal for the property proposed to 
  1.12  be acquired.  In making the appraisal, the appraiser must confer 
  1.13  with one or more of the owners of the property, if reasonably 
  1.14  possible.  At least 20 days before presenting a petition under 
  1.15  section 117.055, the acquiring authority must provide the owner 
  1.16  with a copy of the appraisal and inform the owner of the owner's 
  1.17  right to obtain an appraisal under this section.  When the 
  1.18  acquiring authority is the commissioner of transportation, the 
  1.19  commissioner must provide the owner with copies of all 
  1.20  appraisals of the property that the commissioner has made and 
  1.21  all appraisals of the property the commissioner has obtained 
  1.22  from private appraisers using state funds. 
  1.23     (b) The owner may obtain an appraisal by a qualified 
  1.24  appraiser of the property proposed to be acquired.  The owner is 
  1.25  entitled to reimbursement for the reasonable costs of the 
  2.1   appraisal from the acquiring authority up to a maximum of $1,500 
  2.2   within 30 days after the owner submits to the acquiring 
  2.3   authority the information necessary for reimbursement, provided 
  2.4   that the owner does so within 60 days after the owner receives 
  2.5   the appraisal from the authority under paragraph (a).