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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1987 

                        CHAPTER 339-S.F.No. 368 
           An act relating to eminent domain; increasing 
          appraisal fees awarded by commissioners; amending 
          Minnesota Statutes 1986, section 117.085. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 117.085, is 
amended to read: 
    117.085 [COMMISSIONERS, POWERS, DUTIES.] 
    The commissioners, having been duly sworn and qualified 
according to law, shall meet as directed by the order of 
appointment and hear the allegations and proofs of all persons 
interested touching the matters to them committed.  They may 
adjourn from time to time and from place to place within the 
county, giving oral notice to those present of the time and 
place of their next meeting.  All testimony taken by them shall 
be given publicly, under oath, and in their presence.  They 
shall view the premises, and any of them may subpoena witnesses, 
which shall be served as subpoenas in civil actions are served, 
and at the cost of the parties applying therefor.  If deemed 
necessary, they may require the petitioner or owner to furnish 
for their use maps, plats and other information which the 
petitioner or owner may have showing the nature, character and 
extent of the proposed undertaking and the situation of lands 
desired therefor.  In proper cases they may reserve to the owner 
a right of way or other privilege in or over the land taken, or 
attach reasonable conditions to such taking in addition to the 
damages given or they may make an alternative award, conditioned 
upon the granting or withholding of the right specified.  
Without unreasonable delay they shall make a separate assessment 
and award of the damages which in their judgment will result to 
each of the owners of the land by reason of such taking and 
report the same to the court.  The commissioners, in all such 
proceedings, may in their discretion allow and show separately 
in addition to the award of damages, reasonable appraisal fees 
not to exceed a total of $300 $500.  Upon request of an owner 
the commissioners shall show in their report the amount of the 
award of damages which is to reimburse the owner and tenant or 
lessee for the value of the land taken, and the amount of the 
award of damages, if any, which is to reimburse the owner and 
tenant or lessee for damages to the remainder involved, whether 
or not described in the petition.  The amounts awarded to each 
person shall also be shown separately. 
    Approved June 1, 1987