Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 287-H.F.No. 1252 
           An act relating to eminent domain; authorizing court 
          having jurisdiction over an eminent domain proceeding 
          to compel occupants of condemned real estate to 
          deliver possession; proposing coding for new law in 
          Minnesota Statutes, chapter 117. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [117.043] [COMPELLING DELIVERY OF POSSESSION.] 
    Subdivision 1.  [CONDITIONS REQUIRED FOR COURT TO ISSUE 
RELIEF.] A court having jurisdiction over an eminent domain 
proceeding may issue an order compelling delivery of possession 
of the property under any of the following conditions:  
    (1) the court has issued an order authorizing transfer of 
title and possession and the petitioner has paid or deposited 
its approved appraisal value under section 117.042; or 
    (2) the petitioner has acquired title of the real estate.  
    If one of these conditions is met, the court may issue an 
order compelling delivery of possession of the property upon:  
(1) the affidavit of the petitioner; (2) notice to the occupants 
of the acquired real estate and others claiming a right to 
remain in possession of it; and (3) a hearing.  Notice of the 
hearing must be given in the same way as notice of a motion 
under the rules of civil procedure.  In case of hardship the 
court may delay enforcement of an order compelling delivery of 
possession for a period not to exceed seven days.  Unless 
otherwise allowed by the court, the matter must be considered 
solely on the basis of arguments of counsel and affidavits. 
    Subd. 2.  [AWARD OF FEES AND COSTS.] Following notice and 
hearing, if the occupant, in bad faith, has failed to deliver 
possession of the real estate in accordance with either an order 
issued under section 117.042 or an order issued under this 
section, the court, upon application by the petitioner, may 
award to the petitioner, and against the occupant, the attorney 
fees, costs, and disbursements that were actually incurred by 
the petitioner in getting possession of the real estate.  
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective the day following final enactment 
and applies to condemnation proceedings commenced on or after 
the effective date. 
    Approved May 28, 1987