SF 2931

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

  1.1                          A bill for an act 
  1.2             relating to real property; providing for acquisition 
  1.3             of property for transportation purposes; amending 
  1.4             Minnesota Statutes 2002, section 117.085; Minnesota 
  1.5             Statutes 2003 Supplement, section 13.44, subdivision 
  1.6             3; proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 174; repealing Minnesota Statutes 2002, 
  1.8             section 117.036. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.11  13.44, 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.  Minnesota Statutes 2002, section 117.085, is 
  2.7   amended to read: 
  2.8      117.085 [COMMISSIONERS, POWERS, DUTIES.] 
  2.9      The commissioners, having been duly sworn and qualified 
  2.10  according to law, shall meet as directed by the order of 
  2.11  appointment and hear the allegations and proofs of all persons 
  2.12  interested touching the matters to them committed.  They may 
  2.13  adjourn from time to time and from place to place within the 
  2.14  county, giving oral notice to those present of the time and 
  2.15  place of their next meeting.  All testimony taken by them shall 
  2.16  be given publicly, under oath, and in their presence.  They 
  2.17  shall view the premises, and any of them may subpoena witnesses, 
  2.18  which shall be served as subpoenas in civil actions are served, 
  2.19  and at the cost of the parties applying therefor.  If deemed 
  2.20  necessary, they may require the petitioner or owner to furnish 
  2.21  for their use maps, plats, and other information which the 
  2.22  petitioner or owner may have showing the nature, character, and 
  2.23  extent of the proposed undertaking and the situation of lands 
  2.24  desired therefor.  In proper cases they may reserve to the owner 
  2.25  a right-of-way or other privilege in or over the land taken, or 
  2.26  attach reasonable conditions to such taking in addition to the 
  2.27  damages given or they may make an alternative award, conditioned 
  2.28  upon the granting or withholding of the right specified.  
  2.29  Without unreasonable delay they shall make a separate assessment 
  2.30  and award of the damages which in their judgment will result to 
  2.31  each of the owners of the land by reason of such taking and 
  2.32  report the same to the court.  The commissioners shall not 
  2.33  reduce the amount of the damages awarded because the land being 
  2.34  taken is, at the time of the taking, valued under section 
  2.35  273.111, designated as an agricultural preserve under chapter 
  2.36  473H.  The commissioners, in all such proceedings, may in their 
  3.1   discretion allow and show separately in addition to the award of 
  3.2   damages, reasonable appraisal fees not to exceed a total of 
  3.3   $500 $1,500, provided that this amount for reasonable appraisal 
  3.4   fees as to the property when added to any amount previously paid 
  3.5   to the fee owner or contract purchaser under section 174.12 may 
  3.6   not exceed $1,500.  Upon request of an owner the commissioners 
  3.7   shall show in their report the amount of the award of damages 
  3.8   which is to reimburse the owner and tenant or lessee for the 
  3.9   value of the land taken, and the amount of the award of damages, 
  3.10  if any, which is to reimburse the owner and tenant or lessee for 
  3.11  damages to the remainder involved, whether or not described in 
  3.12  the petition.  The amounts awarded to each person shall also be 
  3.13  shown separately.  The commissioners shall, if requested by any 
  3.14  party, make an express finding of the estimated cost of removal 
  3.15  and remedial actions that will be necessary on the taken 
  3.16  property because of existing environmental contamination. 
  3.17     Sec. 3.  [174.12] [APPRAISAL AND NEGOTIATION REQUIREMENTS 
  3.18  APPLICABLE TO ACQUISITION OF PROPERTY FOR TRANSPORTATION 
  3.19  PURPOSES.] 
  3.20     Subdivision 1.  [APPLICATION.] This section applies to the 
  3.21  acquisition of property for public highways, streets, roads, 
  3.22  alleys, airports, mass transit facilities, or for other 
  3.23  transportation facilities or purposes. 
  3.24     Subd. 2.  [APPRAISAL.] (a) Before acquiring an interest in 
  3.25  real property, the acquiring authority must obtain at least one 
  3.26  appraisal for the property proposed to be acquired.  In making 
  3.27  the appraisal, the appraiser must confer with one or more of the 
  3.28  fee owners or contract purchasers of the property, if reasonably 
  3.29  possible.  Notwithstanding section 13.44 or any law to the 
  3.30  contrary, the acquiring authority must provide the fee owner or 
  3.31  contract purchaser with a copy of the appraisal and inform the 
  3.32  fee owner or contract purchaser of the fee owner's or contract 
  3.33  purchaser's right to obtain an appraisal under this section. 
  3.34     (b) The fee owner or contract purchaser may obtain an 
  3.35  appraisal by a qualified appraiser of the property proposed to 
  3.36  be acquired.  The fee owner or contract purchaser is entitled to 
  4.1   reimbursement for the reasonable costs of the appraisal from the 
  4.2   acquiring authority up to a maximum of $1,500 within 30 days 
  4.3   after the fee owner or contract purchaser submits to the 
  4.4   acquiring authority the information necessary for reimbursement. 
  4.5      Subd. 3.  [NEGOTIATION.] In addition to the appraisal 
  4.6   requirements under subdivision 2, before commencing an eminent 
  4.7   domain proceeding, the acquiring authority must make a good 
  4.8   faith attempt to negotiate personally with the fee owner or 
  4.9   contract purchaser of the property in order to acquire the 
  4.10  property by direct purchase instead of the use of eminent domain 
  4.11  proceedings.  In making this negotiation, the acquiring 
  4.12  authority must consider the appraisals in its possession and 
  4.13  other information that may be relevant to a determination of 
  4.14  damages under this chapter. 
  4.15     Sec. 4.  [REPEALER.] 
  4.16     Minnesota Statutes 2002, section 117.036, is repealed.