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MINNESOTA COURT RULES

GENERAL RULES OF PRACTICE

Rule 141.Condemnation

Rule 141.01Objection to Commissioner

Within ten (10) days after the order appointing the commissioners has been filed, the petitioner or any respondent may serve on all other parties and file with the appointing judge an affidavit objecting to the appointment of any one or more of the commissioners and setting forth the reasons for the objection. Within five (5) days after receiving such an objection, the judge in the exercise of discretion may appoint a new commissioner to replace any commissioner concerning whom objection has been made. If the judge does not appoint a new commissioner within five (5) days, the objection shall be deemed overruled.

Rule 141.02Notice of Appeal

In condemnation cases the notice of appeal from the award of the Commissioners shall be deemed the filing of the first paper in the case for the purposes of Minn. Gen. R. Prac. 104 and 111.

(Amended effective January 1, 1993.)

Advisory Committee Comment - 1992 Amendment

This rule is derived from 4th Dist. R. 10 and is intended to supplement statutes providing for the appointment of commissioners and the filing of a notice of appeal. See Minnesota Statutes, sections 117.075 and 117.145 (1990).

Rule 141.02 as amended in 1992 establishes that the appeal from the award of the commissioners, not any earlier proceedings relating to appointment of commissioners or a "quick take" of the property, triggers the scheduling requirements of Rules 104 and 111.

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