2006 Minnesota Statutes

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
to section 117.042; 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