2003 Minnesota Statutes

CHAPTER 117. Eminent domain

  117.01 Repealed, 1971 c 595 s 29 

     117.011 Must use this procedure; exceptions. 

    All bodies, public or private, who have the right of 
 eminent domain, when exercising the right, shall do so in the 
 manner prescribed by this chapter, even though a different 
 procedure may be provided by charter provisions, ordinance or 
 statute, but nothing herein shall apply to the taking of 
 property under laws relating to drainage or to town roads when 
 those laws themselves expressly provide for the taking and 
 specifically prescribe the procedure.  The taking of property 
 for a project undertaken by a watershed district under chapter 
 103D or for a project undertaken by a drainage authority under 
 chapter 103E may be carried out under the procedure provided by 
 those chapters. 

    HIST: 1971 c 595 s 1; 1984 c 562 s 3; 1995 c 199 s 61 

  117.015 Repealed, 1971 c 595 s 29 

     117.016 Joint acquisition of land.  

    Subdivision 1.    State or any of its agencies or 
 political subdivisions.  Whenever the state or any of its 
 agencies or political subdivisions thereof is acquiring property 
 for a public purpose and it is determined that a portion or a 
 part of a tract of land is necessary for its particular public 
 purpose and that other portions or parts of the same tract of 
 land or the remainder thereof are needed by another agency or 
 political subdivision of the state for a public purpose, the 
 state or its agencies or political subdivisions desiring such 
 lands or parts thereof may enter into an agreement each with the 
 other for the joint acquisition of such lands by eminent domain 
 proceedings.  

    Subd. 2.    Agreement to state purpose and describe land. 
  Such agreement shall state the purpose of the land 
 acquisitions and shall describe the particular portion or part 
 of the tract of land desired by each of the public bodies and 
 shall include provisions for the division of the cost of 
 acquisition of such properties and all expenses incurred therein.

    Subd. 3.    Procedure.  The proceedings in eminent 
 domain for the acquisition of the lands so desired shall be 
 instituted and carried to completion in the names of the parties 
 to the agreement describing the lands each shall acquire but for 
 the purposes of the proceedings and for ascertaining the damages 
 for the taking, the lands so acquired shall be treated as one 
 parcel.  

    HIST: 1971 c 595 s 2 

  117.02 Repealed, 1971 c 595 s 29 

     117.025 Definitions.  

    Subdivision 1.    Words, terms, and phrases.  Unless 
 the language or context clearly indicates that a different 
 meaning is intended, the words, terms, and phrases defined in 
 this section have the meanings given them.  

    Subd. 2.    Taking.  Taking and all words and phrases 
 of like import include every interference, under the right of 
 eminent domain, with the possession, enjoyment, or value of 
 private property.  

    Subd. 3.    Owner.  "Owner" includes all persons 
 interested in such property as proprietors, tenants, life estate 
 holders, encumbrancers, or otherwise.  

    HIST: 1971 c 595 s 3 

  117.03 Repealed, 1971 c 595 s 29 

     117.035 Proceedings, by whom instituted.  

    If such property be required for any authorized purpose of 
 the state, the proceeding shall be taken in the name of the 
 state by the attorney general upon request of the officer, 
 board, or other body charged by law with the execution of such 
 purpose; if by a corporation or other body, public or private, 
 authorized by law to exercise the right of eminent domain, in 
 its corporate or official name and by the governing body 
 thereof; and if by an individual so authorized, in the 
 individual's own name. 

    HIST: 1971 c 595 s 4; 1986 c 444 

     117.036 Appraisal and negotiation requirements 
  applicable to acquisition of property for transportation 
  purposes. 

    Subdivision 1.    Application.  This section applies to 
 the acquisition of property for public highways, streets, roads, 
 alleys, airports, mass transit facilities, or for other 
 transportation facilities or purposes. 

    Subd. 2.    Appraisal.  (a) Before commencing an eminent 
 domain proceeding under this chapter, the acquiring authority 
 must obtain at least one appraisal for the property proposed to 
 be acquired.  In making the appraisal, the appraiser must confer 
 with one or more of the owners of the property, if reasonably 
 possible.  At least 20 days before presenting a petition under 
 section 117.055, the acquiring authority must provide the owner 
 with a copy of the appraisal and inform the owner of the owner's 
 right to obtain an appraisal under this section. 

    (b) The owner may obtain an appraisal by a qualified 
 appraiser of the property proposed to be acquired.  The owner is 
 entitled to reimbursement for the reasonable costs of the 
 appraisal from the acquiring authority up to a maximum of $1,500 
 within 30 days after the owner submits to the acquiring 
 authority the information necessary for reimbursement, provided 
 that the owner does so within 60 days after the owner receives 
 the appraisal from the authority under paragraph (a). 

    Subd. 3.    Negotiation.  In addition to the appraisal 
 requirements under subdivision 2, before commencing an eminent 
 domain proceeding, the acquiring authority must make a good 
 faith attempt to negotiate personally with the owner of the 
 property in order to acquire the property by direct purchase 
 instead of the use of eminent domain proceedings.  In making 
 this negotiation, the acquiring authority must consider the 
 appraisals in its possession and other information that may be 
 relevant to a determination of damages under this chapter. 

    HIST: 1Sp2003 c 19 art 2 s 3 

  117.04 Repealed, 1971 c 595 s 29 

     117.041 Entry for survey or environmental testing. 

    Subdivision 1.    Surveys.  For the purpose of making 
 surveys and examinations relative to any proceedings under this 
 chapter, it shall be lawful to enter upon any land, doing no 
 unnecessary damage.  

    Subd. 2.    Environmental testing before eminent domain 
 proceedings.  (a) A state agency by order of the commissioner 
 or a political subdivision by resolution may enter property for 
 purposes of investigation, monitoring, testing, surveying, 
 boring, or other similar activities necessary or appropriate to 
 identify the existence and extent of a release or threat of 
 release of a hazardous substance, pollutant, or contaminant if:  

    (1) the state agency or political subdivision has reason to 
 believe that acquisition of the property may be required 
 pursuant to eminent domain proceedings; 

    (2) the state agency or political subdivision has reason to 
 believe that a hazardous substance, pollutant, or contaminant is 
 present on the property or the release of a hazardous substance, 
 pollutant, or contaminant may have occurred or is likely to 
 occur on the property; and 

    (3) entry on the property for environmental testing is 
 rationally related to health, safety, or welfare concerns of the 
 state agency or political subdivision in connection with 
 possible eminent domain proceedings. 

    (b) At least ten days before entering the property, the 
 state agency or political subdivision must serve notice on the 
 property owner requesting permission to enter the property, 
 stating the approximate time and purpose of the entry, and 
 giving the owner the option of refusing entry.  The notice shall 
 also give the owner the option of requesting an equal amount of 
 any sample or portion taken from the property and a copy of any 
 data obtained or report issued.  If the property owner refuses 
 to consent to the entry, the state agency or political 
 subdivision must apply for a court order authorizing the entry 
 and the removal of any sample or portion from the property, 
 giving notice of the court order to the property owner.  The 
 court shall issue an order if the state agency or political 
 subdivision meets the standards in paragraph (a).  Notices under 
 this paragraph must be served in the same manner as a summons in 
 a civil action.  

    (c) The state agency or political subdivision must do no 
 unnecessary damage to the property and shall restore the 
 property to substantially the same condition in which it was 
 found.  If the state agency or political subdivision removes a 
 sample or portion of the property for investigation, monitoring, 
 or testing, or obtains any data or issues any report, it must 
 give the property owner an equal amount of the sample or portion 
 and a copy of any data or report, if requested by the property 
 owner, and must permit the property owner to perform independent 
 investigation, monitoring, or testing of the sample or portion. 

    (d) The results of testing performed under paragraph (a) 
 must be included in any environmental assessment worksheet or 
 environmental impact statement that the state agency or 
 political subdivision is required to prepare under chapter 116D. 

    HIST: 1971 c 595 s 5; 1991 c 224 s 1 

     117.042 Possession. 

    Whenever the petitioner shall require title and possession 
 of all or part of the owner's property prior to the filing of an 
 award by the court appointed commissioners, the petitioner 
 shall, at least 90 days prior to the date on which possession is 
 to be taken, notify the owner of the intent to possess by notice 
 served by certified mail and before taking title and possession 
 shall pay to the owner or deposit with the court an amount equal 
 to petitioner's approved appraisal of value.  Amounts deposited 
 with the court shall be paid out under the direction of the 
 court.  If it is deemed necessary to deposit the above amount 
 with the court the petitioner may apply to the court for an 
 order transferring title and possession of the property or 
 properties involved from the owner to the petitioner.  In all 
 other cases, petitioner has the right to the title and 
 possession after the filing of the award by the court appointed 
 commissioners as follows: 

    (a) if appeal is waived by the parties upon payment of the 
 award; 

    (b) if appeal is not waived by the parties upon payment or 
 deposit of three-fourths of the award. The amount deposited 
 shall be deposited by the court administrator in an interest 
 bearing account no later than the business day next following 
 the day on which the amount was deposited with the court.  All 
 interest credited to the amount deposited from the date of 
 deposit shall be paid to the ultimate recipient of the amount 
 deposited. 

    Nothing in this section shall limit rights granted in 
 section 117.155. 

    HIST: 1971 c 595 s 6; 1975 c 218 s 1; 1976 c 72 s 1; 1978 c 
 674 s 60; 1981 c 8 s 1; 1Sp1986 c 3 art 1 s 82 

     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.  

    HIST: 1987 c 287 s 1 

     117.045 Compelling acquisition in certain cases.  

    Upon successfully bringing an action compelling an 
 acquiring authority to initiate eminent domain proceedings 
 relating to a person's real property which was omitted from any 
 current or completed eminent domain proceeding, such person 
 shall be entitled to petition the court for reimbursement for 
 reasonable costs and expenses, including reasonable attorney, 
 appraisal and engineering fees, actually incurred in bringing 
 such action.  Such costs and expenses shall be allowed only in 
 accordance with the applicable provisions of the Uniform 
 Relocation Assistance and Real Property Acquisition Policies Act 
 of 1970, Statutes at Large, volume 84, page 1894 (1971), any 
 acts amendatory thereof, any regulations duly adopted pursuant 
 thereto, or rules duly adopted by the state of Minnesota, its 
 agencies or political subdivisions pursuant to law.  

    HIST: 1971 c 595 s 7; 1985 c 248 s 70; 1986 c 444 

  117.05 Repealed, 1971 c 595 s 29 

     117.055 Petition and notice.  

    In all cases a petition, describing the desired land, 
 stating by whom and for what purposes it is proposed to be 
 taken, and giving the names of all persons appearing of record 
 or known to the petitioner to be the owners thereof shall be 
 presented to the district court of the county in which the land 
 is situated praying for the appointment of commissioners to 
 appraise the damages which may be occasioned by such taking.  
 Notice of the objects of the petition and of the time and place 
 of presenting the same shall be served at least 20 days before 
 such time of presentation upon all persons named in the petition 
 as owners as defined in section 117.025, subdivision 3, and upon 
 all occupants of such land in the same manner as a summons in a 
 civil action.  If any such owner be not a resident of the state, 
 or the owner's place of residence be unknown to the petitioner, 
 upon the filing of an affidavit of the petitioner or the 
 petitioner's agent or attorney, stating that the petitioner 
 believes that such owner is not a resident of the state, and 
 that the petitioner has mailed a copy of the notice to the owner 
 at the owner's place of residence, or that after diligent 
 inquiry the owner's place of residence cannot be ascertained by 
 the affiant, then service may be made upon such owner by three 
 weeks' published notice.  If the state be an owner, the notice 
 shall be served upon the attorney general.  Any owner not served 
 as herein provided shall not be bound by such proceeding except 
 upon voluntarily appearing therein.  Any owner shall be 
 furnished a right-of-way map or plat of all that part of land to 
 be taken upon written demand, provided that the petitioner shall 
 have ten days from the receipt of the demand within which to 
 furnish the same.  Any plans or profiles which the petitioner 
 has shall be made available to the owner for inspection.  

    HIST: 1971 c 595 s 8; 1986 c 444 

  117.06 Repealed, 1971 c 595 s 29 

     117.065 Notices of pendency and abandonment; required 
  filings. 

    At the time of filing the petition the petitioner shall 
 file for record a notice of the pendency of the proceeding, 
 describing with reasonable certainty the lands affected and for 
 what purpose they are to be taken.  The notice shall be filed as 
 follows:  

    (1) if the lands are registered lands, with the registrar 
 of titles; 

    (2) if the lands are nonregistered, with the county 
 recorder; 

    (3) if the lands are both registered and nonregistered, 
 with both the registrar and the county recorder. 

    If the proceeding be abandoned in whole or in part the 
 petitioner shall within ten days thereafter file a notice to 
 that effect, describing with reasonable certainty the lands so 
 abandoned.  The notice of abandonment shall be filed in the same 
 places as the notice of the pendency of the proceeding. 

    HIST: 1971 c 595 s 9; 1976 c 181 s 2; 1995 c 106 s 1 

  117.07 Repealed, 1971 c 595 s 29 

     117.075 Court to appoint commissioners. 

    Upon proof being filed of the service of such notice, the 
 court, at the time and place therein fixed or to which the 
 hearing may be adjourned, shall hear all competent evidence 
 offered for or against the granting of the petition, regulating 
 the order of proof as it may deem best.  If the proposed taking 
 shall appear to be necessary and such as is authorized by law, 
 the court by an order shall appoint three disinterested 
 commissioners, and at least two alternates, to ascertain and 
 report the amount of damages that will be sustained by the 
 several owners on account of such taking.  

    Before appointing a commissioner, the court shall inquire 
 whether each prospective commissioner has any relationship, 
 business or otherwise, to any of the parties in the proceeding, 
 or any interest in the proceeding which may constitute a 
 conflict of interest, or which may create the appearance of 
 impropriety should that person be appointed.  Responses to this 
 inquiry must be either written or on the record and made 
 available by the court to any party in the proceeding before and 
 after appointment.  No person who might have difficulty in 
 rendering an unbiased decision may be appointed to serve.  The 
 court, in its discretion, may appoint one registered, practicing 
 attorney to the commission who is knowledgeable in eminent 
 domain matters.  All other commissioners appointed must be 
 persons actively engaged in the occupation of real estate sales 
 or real estate appraising or persons knowledgeable in real 
 estate values.  The order shall fix the time and place of the 
 first meeting of the three commissioners and prescribe their 
 compensation.  At the first meeting at the office of the court 
 administrator of district court the appointees must be sworn by 
 the court administrator or an authorized deputy and shall take 
 and sign the following oath before assuming their duties as 
 commissioners: 

                      (TITLE OF PROCEEDING) 

    .................................  does swear under penalty 
    of perjury as follows: 

    I will faithfully and justly perform to the best of my 
    ability, all the duties of the office and trust which I now 
    assume as commissioner in the above entitled proceeding.  I 
    further swear that, except as disclosed in writing or on 
    the record, I have no interest in any of the lands in the 
    above proceeding or any present or past relationship, 
    business or personal, with any of the parties to the above 
    proceeding or any other actual or potential conflict of 
    interest, and that I will render fair and impartial 
    decisions, so help me God. 

    The order may, in the discretion of the court, limit the 
 title or easement to be acquired by the petitioner by defining 
 the rights and privileges which the owner of any of the lands 
 may exercise therein in subordination to the public uses to 
 which it is appropriated.  In case any commissioner fails to act 
 or fails to meet the qualifications required by this section, 
 the court without further notice may appoint another in that 
 commissioner's place.  

    The court administrator of court in each county shall post 
 in the courthouse in a prominent place a notice that a qualified 
 person may apply to have the person's name placed upon a list of 
 potential commission appointees for eminent domain proceedings. 
 The notice must contain the language of the oath which the 
 commissioners are required to take upon appointment and shall 
 list the other qualifications set forth in this section.  The 
 court shall give due consideration to the names appearing on the 
 list, but is not bound to make appointments from the list. 

    HIST: 1971 c 595 s 10; 1985 c 299 s 1; 1986 c 444; 1Sp1986 c 3 
 art 1 s 82; 2002 c 390 s 1 

  117.08 Repealed, 1971 c 595 s 29 

     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 shall not 
 reduce the amount of the damages awarded because the land being 
 taken is, at the time of the taking, valued under section 
 273.111, designated as an agricultural preserve under chapter 
 473H.  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 
 $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.  The commissioners shall, if requested by any 
 party, make an express finding of the estimated cost of removal 
 and remedial actions that will be necessary on the taken 
 property because of existing environmental contamination. 

    HIST: 1971 c 595 s 11; 1987 c 339 s 1; 1991 c 224 s 2; 1999 c 
 161 s 1 

     117.086 Noncontiguous tracts, treatment as unit.  

    Subdivision 1.  In all eminent domain proceedings brought 
 under this chapter noncontiguous tracts of land may be 
 considered as a unit for the purpose of the assessment of the 
 damages for a taking from only one of such tracts, provided that 
 the use to which the tracts are applied is so connected, that 
 the taking from one in fact damages the other.  

    Subd. 2.  In the event that an appeal is taken, a party 
 claiming a unity in noncontiguous tracts shall give notice 
 thereof in the notice of appeal as provided in section 117.145.  

    Subd. 3.  The petitioner, after receiving notice that the 
 landowner claims a unity in noncontiguous tracts, may upon ten 
 days' written notice to the landowner, move the court for its 
 order determining whether, as a matter of law, the landowner has 
 suffered a taking of, or damage to, noncontiguous tracts by 
 reason of the eminent domain proceedings brought under this 
 chapter.  

    HIST: 1971 c 595 s 17; 1986 c 444 

     117.087 Prepayment penalties; damages. 

    When property is taken pursuant to this chapter and it is 
 security for a loan or advance of credit with a provision 
 requiring or permitting the imposition of a penalty if the loan 
 or advance of credit is prepaid, the cost of the penalty is an 
 item of damages which shall be separately stated. 

    When property is purchased by a body having the right of 
 eminent domain the buyer shall inquire whether it is security 
 for a loan or advance of credit with a provision requiring or 
 permitting the imposition of a penalty if the loan or advance of 
 credit is prepaid and, if so, the penalty shall be an item 
 considered by the parties in the negotiation of the price. 

    HIST: 1978 c 623 s 1 

  117.09 Repealed, 1971 c 595 s 29 

  117.095 Repealed, 1973 c 604 s 8 

  117.10 Repealed, 1971 c 595 s 29 

     117.105 Filing of report, time, failure to report.  

    Subdivision 1.  The report of the commissioners shall be 
 filed with the court administrator of district court within 90 
 days from the date of the order appointing the commissioners, 
 unless such order otherwise prescribes, but for cause shown upon 
 written motion of the petitioner and not less than three days' 
 notice thereof duly served by mail or otherwise upon such 
 respondents, or their attorneys who entered an appearance at the 
 hearing on the petition or notified the petitioner of their 
 formal appearance, the court may extend the time for making and 
 filing the report.  If the petitioner serves such motion and 
 notice thereof by mail, such service shall be at least six days 
 prior to the date of the hearing on the motion.  

    Subd. 2.  If the commissioners fail to file their report 
 within the time provided by the order appointing the 
 commissioners, or within any extension of time to file granted 
 by the court, any owner may upon motion, after due notice to the 
 petitioner, have the proceedings set aside as to that owner; 
 but, for cause shown, the court may extend the time for making 
 their report.  If the proceedings are set aside as to any 
 individual owner, that owner shall be entitled to reimbursement 
 for reasonable costs and disbursements including attorney's fees.

    HIST: 1971 c 595 s 13; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

  117.11 Repealed, 1971 c 595 s 29 

     117.115 Report, notice. 

    Subdivision 1.  The commissioners shall, after notice to 
 the petitioner, file their report with the court administrator 
 of district court and the petitioner shall pay the commissioners 
 their fees and disbursements. The court shall determine any 
 dispute concerning the fees and disbursements.  

    Subd. 2.  Within ten days after the date of the filing of 
 the report of commissioners, the petitioner shall notify the 
 following listed persons, by mail, of the filing of the report 
 of commissioners setting forth the date of filing of the report, 
 the amount of the award, and all the terms and conditions 
 thereof as the same pertain to the respondent or party listed: 

    (1) each respondent listed in the petition as having an 
 interest in any parcel described in the report; 

    (2) each other party to the proceeding whose appearance has 
 been noted by the court in its order approving the petition 
 under section 117.075; and 

    (3) each respondent's attorney.  

 Such notification shall be addressed to the last known post 
 office address of each person notified.  Notice of the filing of 
 the report need not be given to parties initially served by 
 publication under section 117.055.  The petitioner shall file 
 with the court administrator an affidavit of mailing of the 
 notice, setting forth the names and addresses of all the persons 
 so notified.  

    HIST: 1971 c 595 s 14; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 
 1995 c 106 s 2 

  117.12 Repealed, 1971 c 595 s 29 

     117.125 Deposit in court.  

    Where the residence of a party is unknown, or the party is 
 an infant or other person under legal disability, or being 
 legally capable, refuses to accept payment, or if for any reason 
 it is doubtful to whom any award should be paid, the petitioner 
 may pay the same to the court administrator of district court, 
 to be paid out under the direction of the district court; and 
 unless an appeal is taken, as hereinafter provided, such deposit 
 with the court administrator shall be deemed a payment of the 
 award.  The award when deposited shall not draw interest from 
 the date of deposit.  

    HIST: 1971 c 595 s 15; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

  117.13 Repealed, 1971 c 595 s 29 

  117.133 Repealed, 1971 c 595 s 29 

     117.135 Taxes and assessments. 

    Subdivision 1.  In all eminent domain proceedings taxes and 
 assessments imposed upon the acquired property shall be 
 compensated for as provided by section 272.68, except the state 
 Transportation Department, as the acquiring authority, shall pay 
 all taxes, including all unpaid special assessments and future 
 installments thereof, as provided in subdivision 2.  

    Subd. 2.  When the state Transportation Department acquires 
 a fee interest in property before forfeiture, by any means, 
 provision must be made to pay all taxes, including all unpaid 
 special assessments and future installments thereof, unpaid on 
 the property at the date of acquisition.  For the purpose of 
 this section, the date of acquisition shall be either the date 
 on which the department enters into a written agreement to 
 purchase the property or, in cases of condemnation, the date of 
 acquisition shall be the date of the award of the 
 court-appointed commissioners; except where the provisions of 
 section 117.042 are exercised and apply, in which case the date 
 of acquisition will be the date on which the state 
 Transportation Department is entitled to take possession.  Taxes 
 lawfully levied shall not be abated.  This subdivision shall not 
 be construed to require the payment of accrued taxes and unpaid 
 assessments on the acquired property which exceed the fair 
 market value thereof.  The state Transportation Department in 
 acquiring property may make provisions for the apportionment of 
 the taxes and unpaid assessments if less than a complete parcel 
 or tract is acquired.  

    If such accrued taxes and unpaid assessments are not paid 
 as hereinabove required, then the county auditor of the county 
 in which the acquired property is located shall notify the 
 commissioner of finance of the pertinent facts, and the 
 commissioner of finance shall divert an amount equal to such 
 accrued taxes and unpaid assessments from any funds which are 
 thereafter to be distributed by the commissioner of finance to 
 the state Transportation Department from the trunk highway fund, 
 and shall pay over such diverted funds to the county treasurer 
 of the county in which the acquired property is located in 
 payment of such accrued taxes and unpaid assessments.  

    Subd. 3.  If the state Transportation Department permits a 
 person or business to occupy a property for a period of more 
 than 120 days after the date of acquisition, the department 
 shall thereafter charge a reasonable rental therefor in 
 accordance with the provisions of section 161.23, subdivision 3. 

    HIST: 1971 c 595 s 16; 1973 c 492 s 14; 1973 c 543 s 1; 1976 c 
 166 s 7; 2003 c 112 art 2 s 50 

  117.14 Repealed, 1971 c 595 s 29 

     117.145 Appeal:  deadline, notice, service, contents; by 
  other parties. 

    At any time within 40 days from the date that the report 
 has been filed, any party to the proceedings may appeal to the 
 district court from any award of damages embraced in the report, 
 or from any omission to award damages, by:  (1) filing with the 
 court administrator a notice of such appeal, and (2) serving by 
 mail a copy of such notice on all respondents and all other 
 parties to the proceedings having an interest in any parcel 
 described in the appeal who are shown in the petitioner's 
 affidavit of mailing, required by section 117.115, subdivision 
 2, as having been mailed a notice of the report of the 
 commissioners. 

    If any notice of appeal is filed, any other party may 
 appeal within 50 days from the date that the report was filed 
 by:  (1) filing with the court administrator a notice of the 
 appeal; and (2) serving the notice of appeal by mail, as 
 provided in this section.  Service by mail is deemed effective 
 upon deposit of the notice in the United States mail, by first 
 class mail, with postage prepaid, and addressed to each person 
 served at the address shown in the petitioner's affidavit of 
 mailing required by section 117.115, subdivision 2.  Proof of 
 service by mail of a notice of appeal shall be filed with the 
 court administrator promptly following the mailing of any notice 
 of appeal.  The notice of appeal shall specify the particular 
 award or failure to award appealed from, the nature and amount 
 of the claim, the land to which it relates, and grounds of the 
 appeal, and if applicable, the notice required in section 
 117.086.  

    HIST: 1971 c 595 s 18; 1Sp1986 c 3 art 1 s 82; 1995 c 106 s 3 

  117.15 Repealed, 1971 c 595 s 29 

     117.155 Payments; partial payment pending appeal. 

    Except as otherwise provided herein payment of damages 
 awarded may be made or tendered at any time after the filing of 
 the report; and the duty of the petitioner to pay the amount of 
 any award or final judgment upon appeal shall, for all purposes, 
 be held and construed to be full and just compensation to the 
 respective owners or the persons interested in the lands.  If 
 either the petitioner or any respondent appeals from an award, 
 the respondent or respondents, if there is more than one, except 
 encumbrancers having an interest in the award which has been 
 appealed, may demand of the petitioner a partial payment of the 
 award pending the final determination thereof, and it shall be 
 the duty of the petitioner to comply with such demand and to 
 promptly pay the amount demanded but not in excess of an amount 
 equal to three-fourths of the award of damages for the parcel 
 which has been appealed, less any payments made by petitioner 
 pursuant to section 117.042; provided, however, that the 
 petitioner may by motion after due notice to all interested 
 parties request, and the court may order, reduction in the 
 amount of the partial payment for cause shown.  If an appeal is 
 taken from an award the petitioner may, but it cannot be 
 compelled to, pay the entire amount of the award pending the 
 final determination thereof.  If any respondent or respondents 
 having an interest in the award refuses to accept such payment 
 the petitioner may pay the amount thereof to the court 
 administrator of district court to be paid out under direction 
 of the court.  A partial or full payment as herein provided 
 shall not draw interest from the condemner from the date of 
 payment or deposit, and upon final determination of any appeal 
 the total award of damages shall be reduced by the amount of the 
 partial or full payment.  If any partial or full payment exceeds 
 the amount of the award of compensation as finally determined, 
 upon petitioner's motion, final judgment must be entered in the 
 condemnation action in favor of the petitioner in the amount of 
 the balance owed to the petitioner and is recoverable within the 
 original condemnation action. 

    HIST: 1971 c 595 s 19; 1980 c 607 art 19 s 2; 1Sp1986 c 3 art 
 1 s 82; 1997 c 231 art 16 s 3 

  117.16 Repealed, 1971 c 595 s 29 

     117.165 Jury trials; disclosure.  

    Subdivision 1.  In all eminent domain proceedings where an 
 appeal is taken to the district court from the award of 
 commissioners, the owner or the petitioner shall be entitled to 
 a jury trial.  

    Subd. 2.  In the event of an appeal from the award of 
 commissioners, and upon written demand by a party, the other 
 party shall disclose under oath in writing within 15 days the 
 appraisal witnesses the disclosing party proposes to call on its 
 behalf at trial, and the amount of their appraisals of the 
 damages.  The demand shall be deemed continuing.  

    Subd. 3.  A party shall not be permitted at the trial, 
 except for just cause shown, to use any expert witness on the 
 matter of damages whose name, address and appraisal was not 
 disclosed to the other party following a written demand.  

    HIST: 1971 c 595 s 20 

  117.17 Repealed, 1971 c 595 s 29 

     117.175 Trial, burden of proof, costs.  

    Subdivision 1.  Such appeal may be noticed for trial and 
 tried except as herein otherwise provided as in the case of a 
 civil action and the court may direct that issues be framed, and 
 require other parties to be joined and to plead therein when 
 necessary for the proper determination of the questions 
 involved.  The owners shall go forward with the evidence and 
 have the burden of proof as in any other civil action, with the 
 right to open and close.  The court or jury trying the case 
 shall reassess the damages de novo and apportion the same as the 
 evidence and justice may require.  Upon request of a party to 
 such appeal, the jury or court shall show in the verdict or 
 order the amount of the award of damages which is to reimburse 
 the owner for the land taken and the amount of the award of 
 damages, if any, which is to reimburse the owner for damages to 
 the remainder tract not taken whether or not described in the 
 petition.  The amounts awarded to each person shall also be 
 shown separately.  A commissioner in a condemnation proceeding 
 may be called by any party as a witness to testify as to the 
 amount and the basis of the award of commissioners and may be 
 examined and qualified as any other witness.  

    Subd. 2.  The court may, in its discretion, after a verdict 
 has been rendered on the trial of an appeal, allow as taxable 
 costs reasonable expert witness and appraisal fees of the owner, 
 together with the owner's reasonable costs and disbursements.  
 No expert witness fees, costs or disbursements shall be awarded 
 to the petitioner regardless of who is the prevailing party.  

    HIST: 1971 c 595 s 21 

  117.18 Repealed, 1971 c 595 s 29 

     117.185 Judgment.  

    Judgment shall be entered upon the verdict or decision, 
 fixing the amount of damages payable to the several parties 
 concerned and the terms and conditions of the taking and, until 
 reversed or modified in a direct proceeding begun for that 
 purpose, the judgment shall be binding upon the petitioner and 
 all other parties thereto and upon their respective successors 
 and assigns.  The parties may stipulate in lieu of entry of 
 judgment.  

    HIST: 1971 c 595 s 22 

  117.19 Repealed, 1971 c 595 s 29 

     117.195 Interest; award, when payable; dismissal; costs. 

    Subdivision 1.    Award; interest.  All damages allowed 
 under this chapter, whether by the commissioners or upon appeal, 
 shall bear interest from the time of the filing of the 
 commissioner's report or from the date of the petitioner's 
 possession whichever occurs first.  The rate of interest shall 
 be determined according to section 549.09.  If the award is not 
 paid within 70 days after the filing, or, in case of an appeal 
 within 45 days after final judgment, or within 45 days after a 
 stipulation of settlement, the court, on motion of the owner of 
 the land, shall vacate the award and dismiss the proceedings 
 against the land. 

    Subd. 2.    Costs.  When the proceeding is dismissed for 
 nonpayment or discontinued by the petitioner, the owner may 
 recover from the petitioner reasonable costs and expenses 
 including attorneys' fees.  In the discretion of the court, the 
 owner may also recover from the petitioner reasonable costs and 
 expenses, including attorneys' fees, if a condemnation 
 proceeding is dismissed because a court has held that 
 condemnation shall not lie based on a challenge made under the 
 Minnesota Environmental Rights Act.  If the court awards costs 
 and expenses, including attorneys' fees, and if the condemnation 
 proceeding is part of a project or proposal which has received 
 an environmental review pursuant to the Minnesota Environmental 
 Policy Act, or siting or routing selection pursuant to sections 
 116C.51 to 116C.69, the costs and expenses, including attorney 
 fees, shall be paid by the governmental unit responsible for the 
 review or selection.  

    HIST: 1971 c 595 s 23; 1982 c 601 s 1; 1984 c 654 art 3 s 49 

  117.20 Repealed, 1971 c 595 s 29 

  117.201 Repealed, 1971 c 595 s 29 

  117.202 Repealed, 1971 c 595 s 29 

     117.205 Final certificate. 

    Upon completion of the proceedings the attorney for the 
 petitioner shall make a certificate describing the land taken 
 and the purpose or purposes for which taken, and reciting the 
 fact of final payment of all awards or judgments in relation 
 thereto, which certificate shall be filed with the court 
 administrator and a certified copy thereof filed for record with 
 the county recorder; which record shall be notice to all parties 
 of the title of the petitioner to the lands therein described. 

    HIST: 1971 c 595 s 24; 1975 c 175 s 1; 1976 c 181 s 2; 1Sp1986 
 c 3 art 1 s 82 

     117.21 Easement may include snow fences. 

    When the right to establish a public road is acquired by 
 the state, or by any of its agencies or political subdivisions, 
 there may be included in the easement so acquired the power to 
 erect and maintain temporary snow fences as required upon lands 
 adjoining the highway part of which lands have been taken for 
 road purposes.  If included, the right to erect and maintain 
 such fences shall be considered in awarding damages, and any 
 award shall be conclusively presumed to include the damages, if 
 any, caused by the right to erect and maintain such fences. 

    HIST: (6557-4) 1929 c 396 s 1; 1998 c 403 s 3 

     117.215 Estate acquired.  

    In all cases for the condemnation of property for public 
 use, the right, interest, or estate in the property proposed to 
 be taken, if greater than an easement, shall be specifically 
 described in the proceedings, and, if the right, interest, or 
 estate so described shall be a fee simple absolute, the fee 
 simple absolute shall be an estate without any right of 
 reversion under any circumstances.  

    HIST: 1971 c 595 s 25 

  117.22 Renumbered 375.181 

     117.225 Easement discharge.  

    Whenever claiming that an easement acquired by condemnation 
 is not being used for the purposes for which it was acquired, 
 the underlying fee owner may apply to the district court of the 
 county in which the land is situated for an order discharging 
 the easement, upon such terms as are just and equitable.  Due 
 notice of said application shall be given to all interested 
 parties.  Provided, however, this section shall not apply to 
 easements acquired by condemnation by a public service 
 corporation now or hereafter doing business in the state of 
 Minnesota.  

    HIST: 1971 c 595 s 26; 1986 c 444 

  117.23 Repealed, 1961 c 561 s 17 

     117.231 Payment in installments.  

    Subdivision 1.    Option of property owner.  Whenever 
 private property is acquired for public purposes by purchase or 
 eminent domain proceedings, the property owner shall have the 
 option of receiving the purchase price or the award as finally 
 adjudicated, either in a lump sum or in not more than four 
 annual installments.  

    Subd. 2.    Eminent domain; procedure.  When the 
 property is acquired by eminent domain proceedings and the 
 amount the owner shall receive for said property is finally 
 determined, the owner is entitled to payment thereof, and before 
 payment is made, may elect, by making written request thereof to 
 the petitioner, to have the amount paid in not more than four 
 annual installments, and without interest on the deferred 
 installments.  After the first installment is paid the 
 petitioner may make its final certificate, as provided by law, 
 in the same manner as though the entire amount had been paid.  

    Subd. 3.    Purchase of property; procedure.  When the 
 property is purchased from the private owner, the amount of the 
 purchase price shall be paid in a lump sum, unless the property 
 owner at the time of delivering the conveyance to the condemning 
 authority shall elect to have the purchase price paid in not 
 more than four annual installments and without interest on the 
 deferred installments.  

    HIST: 1971 c 595 s 27; 1986 c 444 

     117.232 Direct purchase. 

    Subdivision 1.  When acquisition of private property is 
 accomplished by the state Department of Transportation by direct 
 purchase the owner shall be entitled to reimbursement for 
 appraisal fees, not to exceed a total of $1,500.  When 
 acquisition of private property is accomplished by any other 
 acquiring authority, the owner is entitled to reimbursement for 
 appraisal fees, not to exceed $1,500, if the owner is otherwise 
 entitled to reimbursement under sections 117.50 to 117.56.  The 
 purchaser in all instances shall inform the owner of the right, 
 if any, to reimbursement for appraisal fees reasonably incurred, 
 in an amount not to exceed $1,500, together with relocation 
 costs, moving costs and any other related expenses to which an 
 owner is entitled by sections 117.50 to 117.56.  This 
 subdivision does not apply to acquisition for utility purposes 
 made by a public service corporation organized pursuant to 
 section 300.03 or electric cooperative associations organized 
 pursuant to chapter 308A. 

    Subd. 2.  In the event the purchaser and owner agree on the 
 fair market value of the property but cannot agree on the 
 appraisal fees and moving costs, the owner shall have the option 
 to accept the offer for the property and reject the offer for 
 the appraisal fees and moving costs.  In addition thereto, the 
 owner may, after due notice to all interested parties, bring a 
 motion at a special term of the district court in the county in 
 which the property is located for a determination of such moving 
 costs and appraisal fees by the court. 

    HIST: 1971 c 595 s 28; 1975 c 175 s 2; 1976 c 166 s 7; 1984 c 
 654 art 3 s 50; 1986 c 444; 1989 c 144 art 2 s 2; 1Sp2003 c 19 
 art 2 s 4 

  117.24 Repealed, 1961 c 561 s 17 

  117.25 Repealed, 1961 c 561 s 17 

  117.26 Repealed, 1961 c 561 s 17 

  117.27 Repealed, 1961 c 561 s 17 

  117.28 Repealed, 1961 c 561 s 17 

  117.29 Repealed, 1961 c 561 s 17 

  117.30 Repealed, 1961 c 561 s 17 

  117.31 Repealed, 1991 c 199 art 1 s 32 

  117.32 Repealed, 1971 c 595 s 29 

  117.33 Repealed, 1971 c 595 s 29 

  117.34 Repealed, 1971 c 595 s 29 

  117.35 Repealed, 1971 c 595 s 29 

  117.36 Repealed, 1971 c 595 s 29 

  117.37 Repealed, 1971 c 595 s 29 

     117.38 Acquisition of land for certain purposes.  

    When the United States, the state of Minnesota, or other 
 governmental authority having jurisdiction so to do, authorizes 
 change of harbor lines or diversion of channel, or other change 
 in any river, stream, or watercourse in the state of Minnesota, 
 any railway company, terminal company, or depot company 
 incorporated or licensed to engage in the business of 
 transportation of freight or passengers in this state interested 
 in such change by reason of the improvement and enlargement of 
 its property, or otherwise, may acquire the lands and premises 
 needed therefor.  Such company may in its own name, either by 
 purchase or by condemnation, obtain the title to such lands and 
 premises or any interest therein, including the lands or any 
 interest therein belonging to any municipal corporation in this 
 state.  

    HIST: (6574) 1915 c 45 s 1 

     117.39 Proceedings under right of eminent domain.  

    Proceedings to condemn lands needed for such change may be 
 commenced and prosecuted by such corporation to final judgment 
 under the statutes of this state in respect to the taking of 
 property by right of eminent domain; and all of the general laws 
 of this state in respect of condemnation of property shall apply 
 thereto and govern and control such proceedings.  

    HIST: (6575) 1915 c 45 s 2 

     117.40 Municipality may contest.  

    Any municipality interested in the land proposed to be 
 taken in such proceedings may, if its interest seems to so 
 require, contest the necessity for the condemnation of its 
 interest in the premises proposed to be taken.  

    HIST: (6576) 1915 c 45 s 3 

     117.41 Conveyance, to whom made.  

    Upon acquiring title to these lands and premises, whether 
 by purchase or condemnation, such corporation shall make due 
 conveyance thereof to the United States, the state of Minnesota, 
 or other governmental authority mentioned in section 117.38.  
 Likewise, any municipal corporation having any interest in the 
 lands or premises may, upon such terms, as to that municipality, 
 its interests may seem to require, make due conveyance thereof 
 either to the company or to the governmental authority.  

    HIST: (6577) 1915 c 45 s 4 

  117.42 Repealed, 1971 c 595 s 29 

  117.43 Repealed, 1971 c 595 s 29 

  117.44 Repealed, 1971 c 595 s 29 

  117.45 Repealed, 1971 c 595 s 29 

  117.46 Repealed, 1979 c 145 s 2 

  117.461 Repealed, 1979 c 145 s 2 

     117.47 Permits; licenses. 

    The commissioner of natural resources may grant permits and 
 licenses or leases on and across lands owned by the state to any 
 corporation or association engaged in or preparing to engage in 
 the business of mining and beneficiating taconite as defined in 
 section 298.001, subdivision 4, or semitaconite as defined in 
 section 298.34, for the purpose of providing the corporation or 
 association necessary easements, rights-of-way and surface 
 rights over, through and across such lands for the erection and 
 maintenance of pipe lines, pole lines, conduits, sluiceways, 
 roads, railroads and tramways.  The commissioner may grant 
 permits and licenses or leases for flowage rights, rights to 
 transport crude ore, concentrates or waste materials over such 
 state-owned lands, and may lease state-owned lands for the 
 depositing of stripping, lean ores, tailings, or waste products 
 of such business.  Such permits, licenses or leases, may also 
 authorize the use of state-owned lands by such corporation or 
 association for plants and other buildings necessary to the 
 proper carrying on of such business and may grant water rights 
 and other rights requisite to the construction of wharves, 
 piers, breakwaters, or similar facilities necessary to the 
 carrying on of such business or the shipment of the products 
 thereof.  The commissioner may also license the flooding of 
 state lands in connection with any permit or authorization for 
 the use of public waters issued by the legislature or issued by 
 the commissioner pursuant to law. Such permits, licenses, and 
 leases shall be upon such conditions and for such consideration 
 and for such period of time as the commissioner may determine.  
 The county auditor, with the approval of the county board, is 
 authorized to grant permits, licenses and leases for all such 
 purposes across tax-forfeited lands not held by the state free 
 from any trust in favor of any and all taxing districts, upon 
 such conditions and for such consideration and for such period 
 of time as the county board may determine.  Any proceeds from 
 the granting of such permits, licenses or leases shall be 
 apportioned and distributed as other proceeds from the sale or 
 rental of tax-forfeited lands. 

    HIST: 1945 c 275 s 2; 1955 c 619 s 1; 1969 c 1129 art 3 s 1; 
 1979 c 145 s 1; 1999 c 86 art 1 s 26 

     117.471 Easements over tax-forfeited lands, approval.  

    Any easements over tax-forfeited lands granted by the 
 county board of any county under section 117.47, shall be 
 subject to the condition that it be approved by the commissioner 
 of natural resources.  

    HIST: 1955 c 814 s 1; 1969 c 1129 art 3 s 1 

     117.48 Crude oil pipeline companies, eminent domain. 

    The business of transporting crude petroleum, oil, their 
 related products and derivatives including liquefied 
 hydrocarbons, or natural gas by pipeline as a common carrier, is 
 declared to be in the public interest and necessary to the 
 public welfare, and the taking of private property therefor is 
 declared to be for a public use and purpose.  Any corporation or 
 association qualified to do business in the state of Minnesota 
 engaged in or preparing to engage in the business of 
 transporting crude petroleum, oil, their related products and 
 derivatives including liquefied hydrocarbons, or natural gas by 
 pipeline as a common carrier, is authorized to acquire, for the 
 purpose of such business, easements or rights-of-way, over, 
 through, under or across any lands, not owned by the state or 
 devoted to a public purpose for the construction, erection, 
 laying, maintaining, operating, altering, repairing, renewing 
 and removing in whole or in part, a pipeline for the 
 transportation of crude petroleum, oil, their related products 
 and derivatives including liquefied hydrocarbons, or natural 
 gas.  To such end it shall have and enjoy the right of eminent 
 domain to be exercised in accordance with this chapter, and acts 
 amendatory thereof, all of which provisions shall govern insofar 
 as they may be applicable hereto.  Nothing herein shall be 
 construed as authorizing the taking of any property owned by the 
 state, or any municipal subdivision thereof, or the acquisition 
 of any rights in public waters except after permit, lease, 
 license or authorization issued pursuant to law. 

    HIST: 1971 c 322 s 1; 1987 c 353 s 4 

  117.49 Repealed, 1992 c 374 s 1 

     117.50 Definitions. 

    Subdivision 1.  As used in sections 117.50 to 117.56, the 
 terms defined in this section shall have the meanings given them.

    Subd. 2.  "Person" means any individual, partnership, 
 corporation, or association.  

    Subd. 3.  "Displaced person" means any person who, 
 notwithstanding the lack of federal financial participation, 
 meets the definition of a displaced person under United States 
 Code, title 42, sections 4601 to 4655, and regulations adopted 
 under those sections. 

    Subd. 4.  "Acquisition" includes: 

    (a) acquisition by eminent domain; 

    (b) acquisition by negotiation; 

    (c) programs of areawide systematic housing code 
 enforcement; and 

    (d) demolition.  

    Subd. 5.  "Acquiring authority" includes: 

    (a) the state and every public and private body and agency 
 thereof which has the power of eminent domain; and 

    (b) any acquiring authority carrying out an areawide 
 systematic housing code enforcement program.  

    HIST: 1973 c 604 s 1; 1986 c 444; 2003 c 117 s 1 

     117.51 Cooperation with federal authorities. 

    In all acquisitions undertaken by any acquiring authority 
 and in all voluntary rehabilitation carried out by a person 
 pursuant to acquisition or as a consequence thereof, the 
 acquiring authority shall cooperate to the fullest extent with 
 federal departments and agencies, and it shall take all 
 necessary action in order to insure, to the maximum extent 
 possible, federal financial participation in any and all phases 
 of acquisition, including the provision of relocation 
 assistance, services, payments and benefits to displaced 
 persons.  An acquiring authority may consider reimbursing up to 
 $50,000 in reestablishment expenses of a displaced business. 

    HIST: 1973 c 604 s 2; 1Sp2001 c 8 art 2 s 13; 2002 c 364 s 1 

     117.52 Uniform relocation assistance. 

    Subdivision 1.    Lack of federal funding.  In all 
 acquisitions undertaken by any acquiring authority and in all 
 voluntary rehabilitation carried out by a person pursuant to 
 acquisition or as a consequence thereof, in which, due to the 
 lack of federal financial participation, relocation assistance, 
 services, payments and benefits under the Uniform Relocation 
 Assistance and Real Property Acquisition Policies Act of 1970, 
 United States Code, title 42, sections 4601 to 4655, as amended 
 by the Surface Transportation and Uniform Relocation Assistance 
 Act of 1987, Statutes at Large, volume 101, pages 246 to 256 
 (1987), are not available, the acquiring authority, as a cost of 
 acquisition, shall provide all relocation assistance, services, 
 payments and benefits required by the Uniform Relocation 
 Assistance and Real Property Acquisition Policies Act of 1970, 
 as amended by the Surface Transportation and Uniform Relocation 
 Assistance Act of 1987, and those regulations adopted pursuant 
 thereto, and either (1) in effect as of July 1, 1988, or (2) 
 becoming effective after July 1, 1988, following a public 
 hearing and comment.  Comments received by an acquiring 
 authority within 30 days after the public hearing must be 
 reviewed and a written response provided to the individual or 
 organization who initiated the comment.  The response and 
 comments may be addressed in another public hearing by the 
 acquiring authority before approval. 

    Subd. 2.    Acquisitions for highway purposes.  Despite 
 subdivision 1, with respect to acquisitions for highway purposes 
 or acquisitions for which the state Department of Transportation 
 performs relocation assistance services for the Department of 
 Administration, the regulations of the United States Department 
 of Transportation may be applied to all displaced persons who 
 would otherwise be eligible for such relocation assistance, 
 services, payments and benefits thereunder but for the lack of 
 federal financial participation. 

    Subd. 3.    Exception.  This section shall not apply in 
 the case where federal financial participation for provision of 
 relocation assistance, services, payments and benefits in 
 connection with an acquisition has been procured or committed 
 pursuant to section 117.51 and has then been withdrawn by the 
 United States, unless the acquiring authority subsequently 
 determines to proceed with the acquisition in question using 
 nonfederal funds. 

    HIST: 1973 c 604 s 3; 1976 c 166 s 7; 1984 c 633 s 1; 1987 c 
 80 s 1; 1988 c 698 s 1; 1989 c 83 s 1 

     117.521 Waiver of relocation benefits. 

    Subdivision 1.  Any owner-occupant of property who (a) 
 prior to any action by the acquiring authority indicating an 
 intent to acquire the property whether or not the owner-occupant 
 is willing to sell, requests that the property be acquired 
 through negotiation, or (b) has clearly shown an intent to sell 
 the property on the public market prior to any inquiry or action 
 by the acquiring authority, may voluntarily waive any relocation 
 assistance, services, payments and benefits, for which eligible 
 under this chapter by signing a waiver agreement specifically 
 describing the type and amounts of relocation assistance, 
 services, payments and benefits for which eligible, separately 
 listing those being waived, and stating that the agreement is 
 voluntary and not made under any threat of acquisition by 
 eminent domain by the acquiring authority.  Prior to execution 
 of the waiver agreement by the owner-occupant, the acquiring 
 authority shall explain the contents thereof to the 
 owner-occupant. 

    Any waiver not voluntarily agreed to is invalid, and the 
 burden of proof shall be upon the acquiring authority to show 
 that the agreement was entered into voluntarily.  A statement at 
 trial by a witness not involved in the acquisition of the 
 property, that the contents of the waiver agreement were 
 explained to the owner-occupant in a manner understandable to 
 the owner-occupant, describing the method of explanation, that 
 the owner-occupant appeared to understand the terms and 
 conditions of the waiver agreement, that no express or implied 
 threats of taking the property by eminent domain, or any other 
 threats intended to induce the owner-occupant to waive 
 relocation assistance benefits, were made to the owner-occupant 
 by any employee or official of the acquiring authority 
 throughout the entire process of acquisition of the property, 
 and that the owner-occupant appeared to voluntarily enter into 
 the agreement, shall, unless decided otherwise by the court, 
 shift the burden of proof to the person claiming that the 
 agreement was not entered into voluntarily. 

    Subd. 2.  The owner of a rental property whose property is 
 being acquired through negotiation as a result of either 
 subdivision 1, clause (a) or (b), may waive only the right to 
 relocation assistance, services, payments and benefits as 
 outlined in subdivision 1, and nonowner occupants of the 
 property being acquired shall receive all relocation assistance, 
 services, payments and benefits for which they are eligible, 
 notwithstanding the provision of subdivision 1. 

    Subd. 3.  The provisions of subdivisions 1 and 2 shall not 
 apply to the acquisition of properties situated wholly or in 
 part within any district for development authorized under Laws 
 1971, chapter 548 or 677; or Laws 1973, chapter 196, 761, or 
 764; or Laws 1974, chapter 485; or Minnesota Statutes, chapter 
 462, 458, or 458C. 

    Subd. 4.  The provisions of this section shall not limit 
 any existing rights to waive relocation benefits. 

    HIST: 1976 c 10 s 1; 1986 c 399 art 2 s 2; 1986 c 400 s 2; 
 1986 c 444; 1Sp1986 c 3 art 2 s 41 

     117.53 Authorization.  

    All acquiring authorities are hereby authorized to do any 
 acts and take all actions necessary to carry out the provisions 
 of sections 117.50 to 117.56, including the acquisition, 
 rehabilitation and relocation of existing housing and the 
 construction of new housing in accordance with the provisions of 
 the Federal Aid Highway Act of 1970, Statutes at Large, volume 
 84, page 1713 (1971), United States Code, title 23, section 101, 
 et seq., and any other federal and state laws, where projects 
 cannot proceed to construction because replacement housing 
 cannot be made available.  

    HIST: 1973 c 604 s 4 

     117.54 No additional damages created.  

    Nothing in sections 117.50 to 117.56 shall be construed as 
 creating in any condemnation proceedings brought by any 
 acquiring authority under the power of eminent domain, any 
 element of damages not recognized on August 22, 1968.  

    HIST: 1973 c 604 s 5 

     117.55 Payments not considered for public assistance 
  purposes. 

    No payments received under sections 117.50 to 117.56 shall 
 be considered for purposes of determining the eligibility or the 
 extent of eligibility of any person for public assistance based 
 on need under the laws of the state of Minnesota.  

    HIST: 1973 c 604 s 6; 1Sp1985 c 14 art 1 s 5 

     117.56 Inapplicability to hazardous and substandard 
  building proceedings.  

    The provisions of sections 117.50 to 117.56 shall not apply 
 to any proceedings brought by a governmental subdivision under 
 sections 463.15 to 463.26.  

    HIST: 1973 c 604 s 7 

     117.57 Authorities; railroad properties. 

    Subdivision 1.    Eminent domain.  The power of eminent 
 domain of an authority, as defined in section 469.174, 
 subdivision 2, extends to railroad properties located within the 
 authority's limits, provided: 

    (1) the railroad property is not a line of track for which 
 abandonment is required under federal law, or if it is a line of 
 track for which abandonment is required under federal law, 
 abandonment has been approved; 

    (2) the railroad property is not currently used for the 
 following activities of the railroad, not including storage, 
 maintenance, and repair activities: 

    (i) switching; 

    (ii) loading or unloading; or 

    (iii) classification activities; 

    (3) some part of the property contains land pollution as 
 defined in section 116.06, or contains a release or threatened 
 release of petroleum, as provided in chapter 115C, or contains a 
 release or threatened release of a pollutant, contaminant, 
 hazardous substance, or hazardous waste, as provided in chapter 
 115B; and 

    (4) the authority intends to develop the property and has a 
 plan for its cleanup and development within five years in order 
 to maximize its market value. 

    Property in current use under clause (2) includes only that 
 area which is reasonably necessary for current operation.  

    Upon a showing by the petitioner in condemnation 
 proceedings that the conditions described in clauses (1) to (3) 
 exist, then the public use to which the authority would put the 
 property is presumed a superior public use to railroad use or 
 any other past, present, or proposed future use.  A railroad may 
 rebut the presumption by clear and convincing evidence that the 
 railroad use is a superior use. 

    Subd. 2.    Relation to state rail bank.  Nothing in 
 this section shall supersede the provisions of section 222.63. 

    Subd. 3.    Relation to regional railroad authorities.  
 An authority shall not be adjudged to have a superior public use 
 to that of a regional railroad authority as defined in section 
 398A.01, a railroad property which has been identified and 
 approved as a light rail corridor by the Metropolitan Council 
 under chapter 473, or a state trail covered by section 85.015. 

    Subd. 4.    Line of track for agricultural use.  (a) 
 Except as provided in paragraph (b), subdivision 1 does not 
 apply to railroad property that is in a county outside of the 
 metropolitan area as defined in section 473.121, subdivision 2, 
 if: 

    (1) the property is a line of track in actual use; and 

    (2) the line of track is the principal means of 
 transportation for an agricultural use, as defined in section 
 17.81, subdivision 4, by an owner or lessee of real estate 
 abutting the line of track. 

    (b) The line of track may be acquired under subdivision 1 
 with the written consent of all the owners or lessees described 
 in paragraph (a), clause (2). 

    Subd. 5.    Relocation costs.  No property with ongoing 
 railroad use at the time of acquisition may be acquired under 
 this section without payment of the costs of relocation under 
 section 117.52. 

    Subd. 6.    Quick take limited.  In a condemnation under 
 this section, where the authority seeks title and possession 
 under section 117.042, the time provided in that section must be 
 extended by the court for a period, not to exceed 150 days, if 
 reasonably required for the relocation of any ongoing railroad 
 use at the time of the acquisition. 

    Subd. 7.    Coal slurry pipelines.  No property may be 
 acquired under this section for use as a coal slurry pipeline or 
 other related facility. 

    HIST: 1991 c 291 art 1 s 4