1.1 	A bill for an act
1.2 	relating to transportation; providing for furnishing
1.3 	landowners with copies of appraisals on land for which
1.4 	eminent domain proceedings have been commenced for
1.5 	transportation purposes; providing for reimbursement
1.6 	for appraisal costs; requiring preparation of public
1.7 	information on land acquisition procedures for
1.8 	transportation purposes; amending Minnesota Statutes
1.9 	2004, section 117.036, subdivisions 2, 3, by adding a
1.10 	subdivision.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2004, section 117.036,
1.13 	subdivision 2, is amended to read:
1.14 		Subd. 2.Appraisal.  (a) Before commencing an eminent
1.15 	domain proceeding under this chapter, the acquiring authority
1.16 	must obtain at least one appraisal for the property proposed to
1.17 	be acquired.  In making the appraisal, the appraiser must confer
1.18 	with one or more of the fee owners or contract purchasers of the
1.19 	property, if reasonably possible. At least 20 days before
1.20 	presenting a petition under section 117.055Notwithstanding
1.21 	section 13.44, the acquiring authority must provide the fee 
1.22 	owner or contract purchaser with a copy of the appraisal and
1.23 	inform the owner of the owner's that person of the right to
1.24 	obtain an appraisal under this section. Upon request, a copy of
1.25 	the appraisal must be provided to the fee owner or contract
1.26 	purchaser within five days.  The owner or contract purchaser
1.27 	must provide the commissioner with appraisals of the property
1.28 	for which the owner has been reimbursed with public funds.
2.1 	(b) The fee owner or contract purchaser may obtain an
2.2 	appraisal by a qualified appraiser of the property proposed to
2.3 	be acquired.  The fee owner or contract purchaser is entitled to
2.4 	reimbursement for the reasonable costs of the appraisal from the
2.5 	acquiring authority up to a maximum of $1,500 within 30 days
2.6 	after the owner if that person submits to the acquiring
2.7 	authority the information necessary for reimbursement, provided
2.8 	that the owner does so within 60 days after the owner receives
2.9 	the appraisal from the authority under paragraph (a) and a copy
2.10 	of the appraisal within 90 days after receiving the acquiring
2.11 	authority's appraisal.  The acquiring authority must pay the
2.12 	reimbursement to the fee owner or contract purchaser within 30
2.13 	days after receiving a copy of the appraisal and the
2.14 	reimbursement information.  Upon agreement between the fee owner
2.15 	or contract purchaser and the acquiring authority, the acquiring
2.16 	authority may pay the reimbursement, of up to $1,500, directly
2.17 	to the appraiser.
2.18 	(c) An appraisal may not be used or considered in a
2.19 	commissioner's hearing unless it is disclosed to all parties at
2.20 	least three business days before the hearing.

2.21 	Sec. 2. Minnesota Statutes 2004, section 117.036,
2.22 	subdivision 3, is amended to read:
2.23 		Subd. 3.Negotiation.  In addition to the appraisal
2.24 	requirements under subdivision 2, before commencing an eminent
2.25 	domain proceeding, the acquiring authority must make a good
2.26 	faith attempt to negotiate personally with the owner of the
2.27 	property in order to acquire the property by direct purchase
2.28 	instead of the use of eminent domain proceedings.  In making
2.29 	this negotiation, the acquiring authority must consider the
2.30 	appraisals in its possession, including any appraisal obtained
2.31 	and furnished by the fee owner or contract purchaser,and other
2.32 	information that may be relevant to a determination of damages
2.33 	under this chapter.

2.34 	Sec. 3. Minnesota Statutes 2004, section 117.036, is
2.35 	amended by adding a subdivision to read:
2.36 		Subd. 4.Information to be prepared. The commissioner of
3.1 	transportation shall prepare, in consultation with the attorney
3.2 	general and one or more professional associations of real estate
3.3 	appraisers, a publication of not more than two pages that
3.4 	describes the eminent domain process for transportation
3.5 	projects, including the reasons for condemnation, the procedures
3.6 	followed by condemnors, how property owners and citizens may
3.7 	influence the condemnation process, and the rights of property
3.8 	owners and citizens affected by condemnation.  The commissioner
3.9 	shall make this publication available to all persons on whose
3.10 	property the commissioner has made an appraisal or to whom the
3.11 	commissioner has made an offer to purchase.  The commissioner
3.12 	may make the publication available to other acquiring
3.13 	authorities and may charge a price to recover the commissioner's
3.14 	costs.