2006 Minnesota Statutes

117.521 WAIVER OF RELOCATION BENEFITS.
    Subdivision 1. Waiver. 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. Owner of rental property. 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. District for development. 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. Construction. The provisions of this section shall not limit any existing rights to
waive relocation benefits.
History: 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