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, […]
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 […]
117.025 DEFINITIONS. 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 […]
117.027 CONDEMNATION FOR BLIGHT MITIGATION AND CONTAMINATION REMEDIATION. Subdivision 1. Buildings 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 […]
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 […]
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 […]
117.036 APPRAISAL AND NEGOTIATION REQUIREMENTS. Subdivision 1. Application. This section applies to the acquisition of property under this chapter. 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 […]
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 damage. Subd. 2. Environmental testing before eminent domain proceedings. (a) A state agency by order of the commissioner […]
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 […]
117.042 POSSESSION. 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 […]
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 […]
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 […]
117.054 COPIES OF APPRAISAL TO LANDOWNER. A public utility, municipal utility, cooperative electric association, natural gas pipeline or crude oil or petroleum products pipeline company must provide the property owner with a copy of each appraisal it has obtained for a property before presenting a petition under section 117.055 to acquire the property. History: 2008 […]
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 […]
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 […]
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, […]
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, […]
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 […]
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 […]
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 […]
