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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 549.09. 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

Official Publication of the State of Minnesota
Revisor of Statutes