2004 Minnesota Statutes

     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