12.34 ASSISTANCE REQUIRED; COMPENSATION FOR PROPERTY TAKEN;
Subdivision 1. Emergency powers.
When necessary to save life, property, or the
environment during a national security emergency or during a peacetime emergency, the governor,
the state director, or a member of a class of members of a state or local emergency management
organization designated by the governor, may:
(1) require any person, except members of the federal or state military forces and officers of
the state or a political subdivision, to perform services for emergency management purposes as
directed by any of the persons described above; and
(2) commandeer, for emergency management purposes as directed by any of the persons
described above, any motor vehicles, tools, appliances, medical supplies, or other personal
property and any facilities.
Subd. 2. Compensation.
The owner of commandeered property must be promptly paid just
compensation for its use and all damages done to the property while so used for emergency
management purposes. The governor or the governing body of the political subdivision concerned,
respectively, according to the use of the property, shall make a formal order determining the
amount of compensation. The owner may appeal to the district court of the county in which the
property was commandeered if, within 30 days from the date of the order, the owner serves upon
the governor or the political subdivision concerned and files with the court administrator of the
district court a written notice of appeal setting forth the order appealed from and, in detail, the
amount claimed as compensation. Upon appeal, the issue is the amount of damages to which the
appellant is entitled. It may be noticed for trial as in the case of a civil action and the court may
require other parties to be joined and to plead when necessary to a proper determination of the
questions involved. The cause must be tried without a jury de novo and the court shall determine
the damages and the person or persons entitled to them. Except as herein otherwise provided,
the trial must be conducted and the cause disposed of according to the rules applicable to civil
actions in the district court. The court in its discretion may award to the prevailing party the
costs and disbursements of the appeal.
Subd. 3. Penalty.
An able-bodied person required to perform services for emergency
management who refuses, neglects, or otherwise fails to perform the services required under
subdivision 1 is guilty of a misdemeanor and must be punished by imprisonment in the county jail
for not less than ten days or more than 90 days.
History: 1951 c 694 s 304; 1963 c 660 s 4; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1996 c 344 s
23; 2002 c 402 s 13,21; 2004 c 279 art 11 s 7; 2005 c 149 s 7; 2005 c 150 s 8,14