SF 685

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

  1.1                          A bill for an act 
  1.2             relating to eminent domain; providing for access to 
  1.3             appraisal data by property owners; providing for 
  1.4             appraisal costs and attorney fees; establishing 
  1.5             appraisal and negotiation requirements before eminent 
  1.6             domain proceedings for transportation purposes may be 
  1.7             commenced; amending Minnesota Statutes 2002, sections 
  1.8             13.44, subdivision 3; 117.085; 117.175, subdivision 2; 
  1.9             117.232, subdivision 1; proposing coding for new law 
  1.10            in Minnesota Statutes, chapter 117. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2002, section 13.44, 
  1.13  subdivision 3, is amended to read: 
  1.14     Subd. 3.  [REAL PROPERTY; APPRAISAL DATA.] (a) 
  1.15  [CONFIDENTIAL OR PROTECTED NONPUBLIC DATA.] Estimated or 
  1.16  appraised values of individual parcels of real property which 
  1.17  are made by personnel of the state, its agencies and 
  1.18  departments, or a political subdivision or by independent 
  1.19  appraisers acting for the state, its agencies and departments, 
  1.20  or a political subdivision for the purpose of selling or 
  1.21  acquiring land through purchase or condemnation are classified 
  1.22  as confidential private data on individuals or protected 
  1.23  nonpublic data. 
  1.24     (b)  [PUBLIC DATA.] The data made confidential private or 
  1.25  protected nonpublic by the provisions of paragraph (a) shall 
  1.26  become public upon the occurrence of any of the following:  
  1.27     (1) the negotiating parties exchange appraisals; 
  1.28     (2) the data are submitted to a court appointed 
  2.1   condemnation commissioner; 
  2.2      (3) the data are presented in court in condemnation 
  2.3   proceedings; or 
  2.4      (4) the negotiating parties enter into an agreement for the 
  2.5   purchase and sale of the property. 
  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.  After obtaining an appraisal, the acquiring authority 
  2.19  must provide the owner with a copy of the appraisal and inform 
  2.20  the owner of the owner's right to obtain an appraisal under this 
  2.21  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, provided that the owner 
  2.26  submits the appraisal to the authority within 60 days after the 
  2.27  owner receives the appraisal from the authority under paragraph 
  2.28  (a).  
  2.29     Subd. 3.  [NEGOTIATION.] In addition to the appraisal 
  2.30  requirements under subdivision 2, before commencing an eminent 
  2.31  domain proceeding, the acquiring authority must make a good 
  2.32  faith attempt to negotiate personally with the owner of the 
  2.33  property in order to acquire the property by direct purchase 
  2.34  instead of the use of eminent domain proceedings.  In making 
  2.35  this negotiation, the acquiring authority must consider the 
  2.36  appraisals obtained under subdivision 2 and other information 
  3.1   that may be relevant to a determination of damages under this 
  3.2   chapter.  
  3.3      Sec. 3.  Minnesota Statutes 2002, section 117.085, is 
  3.4   amended to read: 
  3.5      117.085 [COMMISSIONERS, POWERS, DUTIES.] 
  3.6      The commissioners, having been duly sworn and qualified 
  3.7   according to law, shall meet as directed by the order of 
  3.8   appointment and hear the allegations and proofs of all persons 
  3.9   interested touching the matters to them committed.  They may 
  3.10  adjourn from time to time and from place to place within the 
  3.11  county, giving oral notice to those present of the time and 
  3.12  place of their next meeting.  All testimony taken by them shall 
  3.13  be given publicly, under oath, and in their presence.  They 
  3.14  shall view the premises, and any of them may subpoena witnesses, 
  3.15  which shall be served as subpoenas in civil actions are served, 
  3.16  and at the cost of the parties applying therefor.  If deemed 
  3.17  necessary, they may require the petitioner or owner to furnish 
  3.18  for their use maps, plats, and other information which the 
  3.19  petitioner or owner may have showing the nature, character, and 
  3.20  extent of the proposed undertaking and the situation of lands 
  3.21  desired therefor.  In proper cases they may reserve to the owner 
  3.22  a right-of-way or other privilege in or over the land taken, or 
  3.23  attach reasonable conditions to such taking in addition to the 
  3.24  damages given or they may make an alternative award, conditioned 
  3.25  upon the granting or withholding of the right specified.  
  3.26  Without unreasonable delay they shall make a separate assessment 
  3.27  and award of the damages which in their judgment will result to 
  3.28  each of the owners of the land by reason of such taking and 
  3.29  report the same to the court.  The commissioners shall not 
  3.30  reduce the amount of the damages awarded because the land being 
  3.31  taken is, at the time of the taking, valued under section 
  3.32  273.111, designated as an agricultural preserve under chapter 
  3.33  473H.  The commissioners, in all such proceedings, may in their 
  3.34  discretion allow and show separately in addition to the award of 
  3.35  damages, reasonable appraisal fees not to exceed a total of 
  3.36  $500.  The commissioners may also allow an award of attorney 
  4.1   fees as specified in section 117.196.  Upon request of an owner 
  4.2   the commissioners shall show in their report the amount of the 
  4.3   award of damages which is to reimburse the owner and tenant or 
  4.4   lessee for the value of the land taken, and the amount of the 
  4.5   award of damages, if any, which is to reimburse the owner and 
  4.6   tenant or lessee for damages to the remainder involved, whether 
  4.7   or not described in the petition.  The amounts awarded to each 
  4.8   person shall also be shown separately.  The commissioners shall, 
  4.9   if requested by any party, make an express finding of the 
  4.10  estimated cost of removal and remedial actions that will be 
  4.11  necessary on the taken property because of existing 
  4.12  environmental contamination. 
  4.13     Sec. 4.  Minnesota Statutes 2002, section 117.175, 
  4.14  subdivision 2, is amended to read: 
  4.15     Subd. 2.  The court may, in its discretion, after a verdict 
  4.16  has been rendered on the trial of an appeal, allow as taxable 
  4.17  costs reasonable expert witness and appraisal fees of the owner, 
  4.18  together with the owner's reasonable costs and disbursements.  
  4.19  In addition, the court may award the owner attorney fees as 
  4.20  specified in section 117.196.  No expert witness fees, costs or 
  4.21  disbursements shall be awarded to the petitioner regardless of 
  4.22  who is the prevailing party. 
  4.23     Sec. 5.  [117.196] [ATTORNEY FEES.] 
  4.24     In addition to other fees or expenses authorized by this 
  4.25  chapter, the owner may be awarded reasonable attorney fees if 
  4.26  the final judgment or award for damages, as determined at any 
  4.27  level in the eminent domain process, exceeds the original offer 
  4.28  of compensation made by the condemning authority or the amount 
  4.29  deposited with the court by 15 percent or more.  
  4.30     Sec. 6.  Minnesota Statutes 2002, section 117.232, 
  4.31  subdivision 1, is amended to read: 
  4.32     Subdivision 1.  When acquisition of private property is 
  4.33  accomplished by the state department of transportation by direct 
  4.34  purchase, the owner shall be entitled to reimbursement 
  4.35  for reasonable appraisal fees, not to exceed a total of $500.  
  4.36  When acquisition of private property is accomplished by any 
  5.1   other acquiring authority, the owner is entitled to 
  5.2   reimbursement for reasonable appraisal fees, not to exceed $500, 
  5.3   if the owner is otherwise entitled to reimbursement under 
  5.4   sections 117.50 to 117.56.  The purchaser in all instances shall 
  5.5   inform the owner of the right, if any, to reimbursement for 
  5.6   appraisal fees reasonably incurred, in an amount not to exceed 
  5.7   $500, together with relocation costs, moving costs and any other 
  5.8   related expenses to which an owner is entitled by sections 
  5.9   117.50 to 117.56.  This subdivision does not apply to 
  5.10  acquisition for utility purposes made by a public service 
  5.11  corporation organized pursuant to section 300.03 or electric 
  5.12  cooperative associations organized pursuant to chapter 308A.