CHAPTER 117. EMINENT DOMAIN
Table of Sections
|117.01||Repealed, 1971 c 595 s 29
|117.011||Repealed, 2006 c 214 s 21
|117.012||117.012 PREEMPTION; PUBLIC USE OR PURPOSE.|
|117.015||Repealed, 1971 c 595 s 29
|117.016||JOINT ACQUISITION OF LAND.|
|117.02||Repealed, 1971 c 595 s 29
|117.027||117.027 CONDEMNATION FOR BLIGHT MITIGATION AND CONTAMINATION REMEDIATION.|
|117.03||Repealed, 1971 c 595 s 29
|117.031||117.031 ATTORNEY FEES.|
|117.035||PROCEEDINGS, BY WHOM INSTITUTED.|
|117.036||APPRAISAL AND NEGOTIATION REQUIREMENTS.|
|117.04||Repealed, 1971 c 595 s 29
|117.041||ENTRY FOR SURVEY OR ENVIRONMENTAL TESTING.|
|117.0412||117.0412 LOCAL GOVERNMENT PUBLIC HEARING REQUIREMENTS.|
|117.043||COMPELLING DELIVERY OF POSSESSION.|
|117.045||COMPELLING ACQUISITION IN CERTAIN CASES.|
|117.05||Repealed, 1971 c 595 s 29
|117.055||PETITION AND NOTICE.|
|117.06||Repealed, 1971 c 595 s 29
|117.065||NOTICES OF PENDENCY AND ABANDONMENT; REQUIRED RECORDINGS.|
|117.07||Repealed, 1971 c 595 s 29
|117.075||HEARING; COMMISSIONERS; ORDER FOR TAKING.|
|117.08||Repealed, 1971 c 595 s 29
|117.085||COMMISSIONERS, POWERS, DUTIES.|
|117.086||NONCONTIGUOUS TRACTS, TREATMENT AS UNIT.|
|117.087||PREPAYMENT PENALTIES; DAMAGES.|
|117.09||Repealed, 1971 c 595 s 29
|117.095||Repealed, 1973 c 604 s 8
|117.10||Repealed, 1971 c 595 s 29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.|
|117.11||Repealed, 1971 c 595 s 29
|117.12||Repealed, 1971 c 595 s 29
|117.125||DEPOSIT IN COURT.|
|117.13||Repealed, 1971 c 595 s 29
|117.133||Repealed, 1971 c 595 s 29
|117.135||TAXES AND ASSESSMENTS.|
|117.14||Repealed, 1971 c 595 s 29
|117.145||APPEAL: DEADLINE, NOTICE, SERVICE, CONTENTS; BY OTHER PARTIES.|
|117.15||Repealed, 1971 c 595 s 29
|117.155||PAYMENTS; PARTIAL PAYMENT PENDING APPEAL.|
|117.16||Repealed, 1971 c 595 s 29
|117.165||JURY TRIALS; DISCLOSURE.|
|117.17||Repealed, 1971 c 595 s 29
|117.175||TRIAL, BURDEN OF PROOF, COSTS.|
|117.18||Repealed, 1971 c 595 s 29
|117.184||117.184 COMPENSATION FOR REMOVAL OF LEGAL NONCONFORMING USE.|
|117.186||117.186 COMPENSATION FOR LOSS OF GOING CONCERN.|
|117.187||117.187 MINIMUM COMPENSATION.|
|117.189||117.189 PUBLIC SERVICE CORPORATION EXCEPTIONS.|
|117.19||Repealed, 1971 c 595 s 29
|117.195||INTEREST; AWARD, WHEN PAYABLE; DISMISSAL; COSTS.|
|117.20||Repealed, 1971 c 595 s 29
|117.201||Repealed, 1971 c 595 s 29
|117.202||Repealed, 1971 c 595 s 29
|117.21||EASEMENT MAY INCLUDE SNOW FENCES.|
|117.226||117.226 RIGHT OF FIRST REFUSAL.|
|117.23||Repealed, 1961 c 561 s 17
|117.231||PAYMENT IN INSTALLMENTS.|
|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.|
|117.39||PROCEEDINGS UNDER POWER OF EMINENT DOMAIN.|
|117.40||MUNICIPALITY MAY CONTEST.|
|117.41||CONVEYANCE, TO WHOM MADE.|
|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
|117.471||EASEMENTS OVER TAX-FORFEITED LANDS, APPROVAL.|
|117.48||CRUDE OIL PIPELINE COMPANIES, EMINENT DOMAIN.|
|117.49||Repealed, 1992 c 374 s 1
|117.51||COOPERATION WITH FEDERAL AUTHORITIES.|
|117.52||UNIFORM RELOCATION ASSISTANCE.|
|117.521||WAIVER OF RELOCATION BENEFITS.|
|117.54||NO ADDITIONAL DAMAGES CREATED.|
|117.55||PAYMENTS NOT CONSIDERED FOR PUBLIC ASSISTANCE PURPOSES.|
|117.56||INAPPLICABILITY TO HAZARDOUS AND SUBSTANDARD BUILDING PROCEEDINGS.|
|117.57||AUTHORITIES; RAILROAD PROPERTIES.|
117.012 PREEMPTION; PUBLIC USE OR PURPOSE.
Subdivision 1. Preemption.
Notwithstanding any other provision of law, including any
charter provision, ordinance, statute, or special law, all condemning authorities, including home
rule charter cities and all other political subdivisions of the state, must exercise the power of
eminent domain in accordance with the provisions of this chapter, including all procedures,
definitions, remedies, and limitations. Additional procedures, remedies, or limitations that do not
deny or diminish the substantive and procedural rights and protections of owners under this
chapter may be provided by other law, ordinance, or charter.
Subd. 2. Requirement of public use or public purpose.
Eminent domain may only be used
for a public use or public purpose.
Subd. 3. Exceptions.
This chapter does not 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.
History: 2006 c 214 s 1
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.
History: 1971 c 595 s 2
Subdivision 1. Words, terms, and phrases.
For the purposes of this chapter and any other
general or special law authorizing the exercise of the power of eminent domain, 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 power of eminent domain, with the possession, enjoyment, or value of
Subd. 3. Owner.
"Owner" includes all persons with any interest in the property subject to
a taking, whether as proprietors, tenants, life estate holders, encumbrancers, beneficial interest
holders, or otherwise.
Subd. 4. Condemning authority.
"Condemning authority" means a person or entity with the
power of eminent domain.
Subd. 5. Abandoned property.
"Abandoned property" means property that: (1) has been
substantially unoccupied or unused for any commercial or residential purpose for at least one year
by a person with a legal or equitable right to occupy the property; (2) has not been maintained;
and (3) for which taxes have not been paid for at least two previous years.
Subd. 6. Blighted area.
"Blighted area" means an area:
(1) that is in urban use; and
(2) where more than 50 percent of the buildings are structurally substandard.
Subd. 7. Structurally substandard.
"Structurally substandard" means a building:
(1) that was inspected by the appropriate local government and cited for one or more
enforceable housing, maintenance, or building code violations;
(2) in which the cited building code violations involve one or more of the following:
(i) a roof and roof framing element;
(ii) support walls, beams, and headers;
(iii) foundation, footings, and subgrade conditions;
(iv) light and ventilation;
(v) fire protection, including egress;
(vi) internal utilities, including electricity, gas, and water;
(vii) flooring and flooring elements; or
(viii) walls, insulation, and exterior envelope;
(3) in which the cited housing, maintenance, or building code violations have not been
remedied after two notices to cure the noncompliance; and
(4) has uncured housing, maintenance, and building code violations, satisfaction of which
would cost more than 50 percent of the assessor's taxable market value for the building, excluding
land value, as determined under section
for property taxes payable in the year in which
the condemnation is commenced.
A local government is authorized to seek from a judge or magistrate an administrative warrant
to gain access to inspect a specific building in a proposed development or redevelopment area
upon showing of probable cause that a specific code violation has occurred and that the violation
has not been cured, and that the owner has denied the local government access to the property.
Items of evidence that may support a conclusion of probable cause may include recent fire or
police inspections, housing inspection, exterior evidence of deterioration, or other similar reliable
evidence of deterioration in the specific building.
Subd. 8. Environmentally contaminated area.
"Environmentally contaminated area"
means an area:
(1) in which more than 50 percent of the parcels contain any substance defined, regulated,
or listed as a hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant,
contaminant, or toxic substance, or identified as hazardous to human health or the environment
under state or federal law or regulation; and
(2) for which the estimated costs of investigation, monitoring and testing, and remedial
action or removal, as defined in section
, subdivisions 16 and 17, respectively, including
any state costs of remedial actions, exceed 100 percent of the assessor's estimated market value
for the contaminated parcel, as determined under section
, for property taxes payable in the
year in which the condemnation commenced, or for which a court of competent jurisdiction has
issued an order under law or regulations adopted by Minnesota or the United States, that clean
up or remediation of a contaminated site occur and the property owner has failed to comply
with the court's order within a reasonable time.
Subd. 9. Public nuisance.
"Public nuisance" means a public nuisance under section
Subd. 10. Public service corporation.
"Public service corporation" means a utility, as
defined by section
, subdivision 10; gas, electric, telephone, or cable communications
company; cooperative association; natural gas pipeline company; crude oil or petroleum products
pipeline company; municipal utility; municipality when operating its municipally owned utilities;
joint venture created pursuant to section
; or municipal power or gas agency.
Public service corporation also means a municipality or public corporation when operating an
airport under chapter 360 or 473, a common carrier, a watershed district, or a drainage authority.
Public service corporation also means an entity operating a regional distribution center within an
international economic development zone designated under section
Subd. 11. Public use; public purpose.
(a) "Public use" or "public purpose" means,
(1) the possession, occupation, ownership, and enjoyment of the land by the general public,
or by public agencies;
(2) the creation or functioning of a public service corporation; or
(3) mitigation of a blighted area, remediation of an environmentally contaminated area,
reduction of abandoned property, or removal of a public nuisance.
(b) The public benefits of economic development, including an increase in tax base, tax
revenues, employment, or general economic health, do not by themselves constitute a public
use or public purpose.
History: 1971 c 595 s 3; 2006 c 214 s 2; 2006 c 214 s 20
117.027 CONDEMNATION FOR BLIGHT MITIGATION AND CONTAMINATION
Subdivision 1. Buildings that are not structurally substandard in areas of blight
mitigation; feasible alternatives.
In taking property to mitigate blight, a condemning authority
must not take buildings that are not structurally substandard unless there is no feasible alternative
to the taking of the parcels on which the buildings are located in order to remediate the blight
and all possible steps are taken to minimize the taking of buildings that are not structurally
Subd. 2. Uncontaminated property in environmental contamination remediation areas;
In taking property to remediate environmental contamination, a condemning
authority must not take uncontaminated parcels in the area unless there is no feasible alternative
to the taking of the uncontaminated parcels in order to complete remediation of the contaminated
parcels and all possible steps are taken to minimize the taking of the uncontaminated parcels.
Subd. 3. Contribution to condition by developer disallowed.
If a developer involved in
the redevelopment of the project area contributed to the blight or environmental contamination
within the project area, the condition contributed to by the developer must not be used in the
determination of blight or environmental contamination.
History: 2006 c 214 s 3
117.031 ATTORNEY FEES.
(a) If the final judgment or award for damages, as determined at any level in the eminent
domain process, is more than 40 percent greater than the last written offer of compensation made
by the condemning authority prior to the filing of the petition, the court shall award the owner
reasonable attorney fees, litigation expenses, appraisal fees, other experts fees, and other related
costs in addition to other compensation and fees authorized by this chapter. If the final judgment
or award is at least 20 percent, but not more than 40 percent, greater than the last written offer,
the court may award reasonable attorney fees, expenses, and other costs and fees as provided in
this paragraph. The final judgment or award of damages shall be determined as of the date of
taking. No attorney fees shall be awarded under this paragraph if the final judgment or award of
damages does not exceed $25,000. For the purposes of this section, the "final judgment or award
for damages" does not include any amount for loss of a going concern unless that was included in
the last written offer by the condemning authority.
(b) In any case where the court determines that a taking is not for a public use or is unlawful,
the court shall award the owner reasonable attorney fees and other related expenses, fees, and
costs in addition to other compensation and fees authorized by this chapter.
History: 2006 c 214 s 4
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 power 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.
History: 1971 c 595 s 4; 1986 c 444; 2006 c 214 s 20
117.036 APPRAISAL AND NEGOTIATION REQUIREMENTS.
Subdivision 1. Application.
This section applies to the acquisition of property under this
Subd. 1a. Definition of owner.
For the purposes of this section, "owner" means fee owner,
contract purchaser, or business lessee who is entitled to condemnation compensation under a lease.
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. Notwithstanding section
, the acquiring authority
must provide the owner with a copy of each appraisal the acquiring authority has obtained for the
property at the time an offer is made, but no later than 60 days before presenting a petition under
, and inform the owner of the right to obtain an appraisal under this section. Upon
request, the acquiring authority must make available to the owner all appraisals of the property. If
the acquiring authority is considering both a full and partial taking of the property, the acquiring
authority shall obtain and provide the owner with appraisals for both types of takings.
(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 for single family and two-family residential
property and minimum damage acquisitions and $5,000 for other types of property, provided
that the owner submits to the acquiring authority the information necessary for reimbursement,
including a copy of the owner's appraisal, at least five days before a condemnation commissioners'
hearing. For purposes of this paragraph, a "minimum damage acquisition" means an interest in
property that a qualified person with appraisal knowledge indicates can be acquired for a cost of
$10,000 or less.
(c) The acquiring authority must pay the reimbursement to the owner within 30 days after
receiving a copy of the appraisal and the reimbursement information. Upon agreement between
the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly
to the appraiser.
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, including any appraisal
obtained and furnished by the owner if available, and other information that may be relevant to
a determination of damages under this chapter. If the acquiring authority is considering both a
full and partial taking of the property, the acquiring authority must make a good-faith attempt to
negotiate with respect to both types of takings.
Subd. 4. Use of appraisal at commissioners' hearing.
An appraisal must not be used or
considered in a condemnation commissioners' hearing, nor may the appraiser who prepared the
appraisal testify, unless a copy of the appraiser's written report is provided to the opposing party at
least five days before the hearing.
Subd. 5. Documentation of business loss.
Documentation related to a loss of going
concern claim made under section
must not be used or considered in a condemnation
commissioners' hearing unless the documentation is provided to the opposing party at least
14 days before the hearing.
History: 1Sp2003 c 19 art 2 s 3; 2006 c 214 s 5
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
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
(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.
History: 1971 c 595 s 5; 1991 c 224 s 1
117.0412 LOCAL GOVERNMENT PUBLIC HEARING REQUIREMENTS.
Subdivision 1. Definitions.
For the purposes of this section:
(1) "local government" means the elected governing body of a statutory or home rule charter
city, county, or township; and
(2) "local government agency" means a subdivision, agency, authority, or other entity
created by or whose members are appointed by the local government, including a port authority,
economic development authority, housing and redevelopment authority, or other similar entity
established under law.
Subd. 2. Public hearing; vote by local government governing body.
(a) If the taking is for
the mitigation of a blighted area, remediation of an environmentally contaminated area, reducing
abandoned property, or removing a public nuisance, a public hearing must be held before a
local government or local government agency commences an eminent domain proceeding under
. The local government must notify each owner of property that may be acquired
in writing by certified mail of the public hearing on the proposed taking, post the public hearing
information on the local government's Web site, if any, and publish notice of the public hearing in
a newspaper of general circulation in the local government's jurisdiction. Notice must be provided
at least 30 days but not more than 60 days before the hearing.
(b) Any interested person must be allowed reasonable time to present relevant testimony at
the public hearing. The proceedings of the hearing must be recorded and available to the public
for review and comment at reasonable times and a reasonable place. At the next regular meeting
of the local government that is at least 30 days after the public hearing, the local government must
vote on the question of whether to authorize the local government or local government agency to
use eminent domain to acquire the property.
Subd. 3. Resolution.
If the taking is for the mitigation of a blighted area, remediation of
an environmentally contaminated area, reducing abandoned property, or removing a public
nuisance, then the resolution of a local government or local government agency authorizing the
use of eminent domain must:
(1) identify and describe the public costs and benefits that are known or expected to result
from the program or project for which the property interest is proposed to be acquired; and
(2) address how the acquisition of the property interest serves one or more identified public
uses or public purposes and why the acquisition of the property is needed to accomplish those
public uses or public purposes.
History: 2006 c 214 s 6
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
History: 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
(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
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.
History: 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.
History: 1971 c 595 s 7; 1985 c 248 s 70; 1986 c 444
117.055 PETITION AND NOTICE.
Subdivision 1. Petition.
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.
Subd. 2. Notice.
(a) 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.
(b) The notice must state that:
(1) a party wishing to challenge the public use or public purpose, necessity, or authority
for a taking must appear at the court hearing and state the objection or must appeal within 60
days of a court order; and
(2) a court order approving the public use or public purpose, necessity, and authority for the
taking is final unless an appeal is brought within 60 days after service of the order on the party.
(c) 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.
History: 1971 c 595 s 8; 1986 c 444; 2006 c 214 s 7
117.065 NOTICES OF PENDENCY AND ABANDONMENT; REQUIRED RECORDINGS.
At the time of filing the petition the petitioner shall 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 recorded 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
If the proceeding be abandoned in whole or in part the petitioner shall within ten days
thereafter record a notice to that effect, describing with reasonable certainty the lands so
abandoned. The notice of abandonment shall be recorded in the same places as the notice of the
pendency of the proceeding.
History: 1971 c 595 s 9; 1976 c 181 s 2; 1995 c 106 s 1; 2005 c 4 s 29
117.075 HEARING; COMMISSIONERS; ORDER FOR TAKING.
Subdivision 1. Hearing on taking; evidentiary standard.
(a) 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.
(b) If the taking is for the mitigation of a blighted area, remediation of an environmentally
contaminated area, reducing abandoned property, or removing a public nuisance, then,
notwithstanding any other provision of general or special law, a condemning authority must
show the district court by preponderance of the evidence that the taking is necessary and for
the designated public use.
(c) A court order approving the public use or public purpose, necessity, and authority for the
taking is final unless an appeal is brought within 60 days after service of the order on the party.
Subd. 2. Appoint commissioners for damages.
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.
Subd. 3. Commissioner qualifications.
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.
Subd. 4. First meeting; pay; oath.
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
(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.
Subd. 5. Court may limit taker's ownership.
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.
Subd. 6. Replacement commissioner.
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.
Subd. 7. Post list of would be commissioners.
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.
History: 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; 2006 c 214 s 8
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
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 $1,500 for single family and two-family residential property
and minimum damage acquisitions and $5,000 for other types of property, unless the appraised
fee was reimbursed under section
. 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.
History: 1971 c 595 s 11; 1987 c 339 s 1; 1991 c 224 s 2; 1999 c 161 s 1; 2006 c 214 s 9
117.086 NONCONTIGUOUS TRACTS, TREATMENT AS UNIT.
Subdivision 1. Certain land considered as a unit.
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. Notice of appeal.
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
Subd. 3. Determination of taking, damage.
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.
History: 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 power 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.
History: 1978 c 623 s 1; 2006 c 214 s 20
117.105 FILING OF REPORT, TIME, FAILURE TO REPORT.
Subdivision 1. Filing of report.
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. Failure to file report.
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.
History: 1971 c 595 s 13; 1986 c 444; 1Sp1986 c 3 art 1 s 82
117.115 REPORT, NOTICE.
Subdivision 1. Fees and disbursements.
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. Notification.
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
(2) each other party to the proceeding whose appearance has been noted by the court in its
order approving the petition under section
(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
. 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.
History: 1971 c 595 s 14; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1995 c 106 s 2
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.
History: 1971 c 595 s 15; 1986 c 444; 1Sp1986 c 3 art 1 s 82
117.135 TAXES AND ASSESSMENTS.
Subdivision 1. Payment of taxes and assessments on acquired property.
In all eminent
domain proceedings taxes and assessments imposed upon the acquired property shall be
compensated for as provided by section
, 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. Payment of taxes and assessments on property acquired by Department of
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
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. Occupation of property after acquisition; leasing.
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
History: 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
117.145 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
History: 1971 c 595 s 18; 1Sp1986 c 3 art 1 s 82; 1995 c 106 s 3
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
; 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.
History: 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
117.165 JURY TRIALS; DISCLOSURE.
Subdivision 1. Appeal.
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
Subd. 2. Disclosure of witnesses, appraisals of damages.
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
Subd. 3. Failure to disclose.
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.
History: 1971 c 595 s 20
117.175 TRIAL, BURDEN OF PROOF, COSTS.
Subdivision 1. Trial.
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. Fees, costs, and disbursements.
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.
History: 1971 c 595 s 21
117.184 COMPENSATION FOR REMOVAL OF LEGAL NONCONFORMING USE.
(a) Notwithstanding any law to the contrary, an ordinance or regulation of a political
subdivision of the state or local zoning authority that requires the removal of a legal
nonconforming use as a condition or prerequisite for the issuance of a permit, license, or other
approval for any use, structure, development, or activity constitutes a taking and is prohibited
without the payment of just compensation. This section does not apply if the permit, license, or
other approval is requested for the construction of a building or structure that cannot be built
without physically moving the nonconforming use.
(b) This section applies to an action of a political subdivision of the state or a local zoning
authority occurring on or after May 20, 2006, that requires removal of a legal nonconforming use
as a condition or prerequisite for the issuance of a permit, license, or other approval.
History: 2006 c 214 s 10
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.
History: 1971 c 595 s 22
117.186 COMPENSATION FOR LOSS OF GOING CONCERN.
Subdivision 1. Definitions.
For purposes of this section:
(1) "going concern" means the benefits that accrue to a business or trade as a result of its
location, reputation for dependability, skill or quality, customer base, good will, or any other
circumstances resulting in the probable retention of old or acquisition of new patronage; and
(2) "owner" has the meaning given in section
and includes a lessee who operates a
business on real property that is the subject of an eminent domain proceeding.
Subd. 2. Compensation for loss of going concern.
If a business or trade is destroyed by
a taking, the owner shall be compensated for loss of going concern, unless the condemning
authority establishes any of the following by a preponderance of the evidence:
(1) the loss is not caused by the taking of the property or the injury to the remainder;
(2) the loss can be reasonably prevented by relocating the business or trade in the same or a
similar and reasonably suitable location as the property that was taken, or by taking steps and
adopting procedures that a reasonably prudent person of a similar age and under similar conditions
as the owner, would take and adopt in preserving the going concern of the business or trade; or
(3) compensation for the loss of going concern will be duplicated in the compensation
otherwise awarded to the owner.
Subd. 3. Procedure.
In all cases where an owner will seek compensation for loss of a going
concern, the damages, if any, shall in the first instance be determined by the commissioners
as part of the compensation due to the owner. The owner shall notify the
condemning authority of the owner's intent to claim compensation for loss of going concern
within 60 days of the first hearing before the court, as provided in section
commissioner's decision regarding any award for loss of going concern may be appealed by
any party, in accordance with section
Subd. 4. Driveway access.
A business owner is entitled to reasonable compensation, not to
exceed the three previous years' revenues minus the cost of goods sold, if the owner establishes
that the actions of a government entity permanently eliminated 51 percent or greater of the
driveway access into and out of a business and as a result of the loss of driveway access, revenue
at the business was reduced by 51 percent or greater. Determination of whether the revenue at
the business was reduced by 51 percent or greater must be based on a comparison of the average
revenues minus the average costs of goods sold for the three years prior to commencement of the
project, with the revenues minus the costs of goods sold for the year following completion of the
project. A claim for compensation under this section must be made no later than one year after
completion of the project which eliminated the driveway access. The installation of a median does
not constitute elimination of driveway access.
History: 2006 c 214 s 11
117.187 MINIMUM COMPENSATION.
When an owner must relocate, the amount of damages payable, at a minimum, must be
sufficient for an owner to purchase a comparable property in the community and not less than
the condemning authority's payment or deposit under section
, to the extent that the
damages will not be duplicated in the compensation otherwise awarded to the owner of the
property. For the purposes of this section, "owner" is defined as the person or entity that holds fee
title to the property.
History: 2006 c 214 s 12
The condemning authority must not require the owner to accept as part of the compensation
due any substitute or replacement property. The condemning authority must not require the owner
to accept the return of property acquired or any portion of the property.
History: 2006 c 214 s 13
117.189 PUBLIC SERVICE CORPORATION EXCEPTIONS.
, subdivision 2, paragraph (b);
, subdivisions 1a and 4, do not apply to public service corporations. For
purposes of an award of appraisal fees under section
, the fees awarded may not exceed
$500 for all types of property.
History: 2006 c 214 s 14
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
. 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 chapter 216E, the costs and expenses, including attorney fees,
shall be paid by the governmental unit responsible for the review or selection.
History: 1971 c 595 s 23; 1982 c 601 s 1; 1984 c 654 art 3 s 49
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.
History: 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.
History: (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.
History: 1971 c 595 s 25
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.
History: 1971 c 595 s 26; 1986 c 444
117.226 RIGHT OF FIRST REFUSAL.
(a) Except as provided in sections
, if the governing body of the condemning authority
determines that publicly owned property acquired under this chapter has not been used and is no
longer needed for a public use, the authority must offer to sell the property to the owner from
whom it was acquired, if the former owner can be located. The offer must be at the original
price determined by the condemnation process or the current fair market value of the property,
whichever is lower, except to the extent that a different value is required for a property interest
obtained with federal highway funding under United States Code, title 23. Before offering
surplus property to local governments or for public sale under section
commissioner of administration or natural resources must offer to sell the property to the former
owner as provided in this section.
(b) If the former owner cannot be located after a due and diligent search or declines to
repurchase the property, the attorney for the condemning authority shall prepare a certificate
attesting to the same and record the certificate in the office of the county recorder or county
registrar of titles, as appropriate, to evidence the termination of the right of first refusal. A recorded
certificate to that effect is prima facie evidence that the right of first refusal has terminated.
History: 2006 c 214 s 15
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
History: 1971 c 595 s 27; 1986 c 444
117.232 DIRECT PURCHASE.
Subdivision 1. Reimbursement for appraisal fees; moving costs.
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
. 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
. This subdivision does not
apply to acquisition for utility purposes made by a public service corporation organized pursuant
or electric cooperative associations organized pursuant to chapter 308A.
Subd. 2. Rejection of offer for appraisal fees and moving costs.
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.
History: 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; 2005 c 69 art 3 s 16
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.
History: (6574) 1915 c 45 s 1
117.39 PROCEEDINGS UNDER POWER 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 power 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.
History: (6575) 1915 c 45 s 2; 2006 c 214 s 20
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.
History: (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
. 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.
History: (6577) 1915 c 45 s 4
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
, or semitaconite as defined in section
, 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.
History: 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
, shall be subject to the condition that it be approved by the commissioner of
History: 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 power 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.
History: 1971 c 322 s 1; 1987 c 353 s 4; 2006 c 214 s 20
Subdivision 1. Scope.
As used in sections
, the terms defined in this section
shall have the meanings given them.
Subd. 2. Person.
"Person" means any individual, partnership, corporation, or association.
Subd. 3. Displaced person.
"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.
(a) acquisition by eminent domain;
(b) acquisition by negotiation;
(c) programs of areawide systematic housing code enforcement; and
Subd. 5. Acquiring authority.
"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
History: 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.
History: 1973 c 604 s 2; 1Sp2001 c 8 art 2 s 13; 2002 c 364 s 1; 2006 c 214 s 16
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 January 1, 2006, or (2) becoming
effective after January 1, 2006, 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. 1a. Reestablishment costs limit.
For purposes of relocation benefits paid by
the acquiring authority in accordance with this section, the provisions of Code of Federal
Regulations, title 49, section
, with respect to reimbursement of reestablishment expenses
for nonresidential moves are applicable, except that the acquiring authority shall reimburse the
displaced business for expenses actually incurred up to a maximum of $50,000.
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
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.
Subd. 4. Relocation assistance amount determined by administrative law judge.
Notwithstanding any law or rule to the contrary, if a person entitled to relocation assistance under
this section does not accept the acquiring authority's offer, the acquiring authority must initiate
contested case proceedings under sections
for a determination of the relocation
assistance that must be provided by the acquiring authority. The administrative law judge's
determination of relocation assistance that the acquiring authority must provide constitutes a final
decision in the case, as provided in section
, subdivision 4. The acquiring authority must pay
all costs of the proceedings. "Costs" is defined in section
, subdivision 4, and also includes
charges billed by the Office of Administrative Hearings for the proceedings.
History: 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; 2006 c 214 s 17-19
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
All acquiring authorities are hereby authorized to do any acts and take all actions necessary
to carry out the provisions of sections
, 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
History: 1973 c 604 s 4
117.54 NO ADDITIONAL DAMAGES CREATED.
Nothing in sections
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.
History: 1973 c 604 s 5
117.55 PAYMENTS NOT CONSIDERED FOR PUBLIC ASSISTANCE PURPOSES.
No payments received under sections
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.
History: 1973 c 604 s 6; 1Sp1985 c 14 art 1 s 5
117.56 INAPPLICABILITY TO HAZARDOUS AND SUBSTANDARD BUILDING
The provisions of sections
shall not apply to any proceedings brought by
a governmental subdivision under sections
History: 1973 c 604 s 7
117.57 AUTHORITIES; RAILROAD PROPERTIES.
Subdivision 1. Eminent domain.
The power of eminent domain of an authority, as defined
469.174, subdivision 2
, extends to railroad properties located within the authority's
(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:
(ii) loading or unloading; or
(iii) classification activities;
(3) some part of the property contains land pollution as defined in section
, 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
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
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
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
(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
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
Subd. 6. Quick take limited.
In a condemnation under this section, where the authority seeks
title and possession under section
, 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.
History: 1991 c 291 art 1 s 4