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2006 Minnesota Statutes
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Chapter 117
Section 117.226
Topics
Recent History
- 2010 117.226 Amended 2010 c 219 s 1
- 2006 117.226 New 2006 c 214 s 1
This is an historical version of this statute chapter. Also view the most recent published version.
117.226 RIGHT OF FIRST REFUSAL.
(a) Except as provided in sections 15.16, 160.85, 161.16, 161.20, 161.202, 161.23, 161.24,
161.241, 161.43, 161.46, and 222.63, 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 16B.282 or 94.10, the
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
(a) Except as provided in sections 15.16, 160.85, 161.16, 161.20, 161.202, 161.23, 161.24,
161.241, 161.43, 161.46, and 222.63, 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 16B.282 or 94.10, the
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
Official Publication of the State of Minnesota
Revisor of Statutes