2004 Minnesota Statutes

     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