10.0 EDSR 02-13-2006 - Laserfiche WebLink

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FEB-10-2006 09 48 LEAGUE OF MN CITIES 6512811299 P.05 O7J07/06 REVISOR 1SK/NIIG 06-5594 a.l Subd. lb. Attorney fees. If the court detelmines that a taken, is not for a public a.z purpose or is unlawful, the court may award the owner reasonable attomev fees. a.3 Scc. 5. Minnesota Statutes 2004, section 117.085, is amended to read: a.a 117.085 COMMISSIONERS, POWERS, ALriTES. a.s The commissioners, having been duly sworn and qualified according to law, shall ' a.6 meet as directed by the order of appointment and hear the allegations and proofs of all a.7 .persons interested touching the matters to them committed. They may adjourn from time a.e to time and from place to place within the county, giving oral notice to those present of a.~ the time and place of their next meeting. All testimony taken by them shall be given a.1a publicly, under oath, and in their presence. They shall view the premises, and any of 4.11 them may subpoena witnesses, which shall be servod as subpoenas in civil actions are a.tz served, and at the cost of the parties applying therefor. If deemed necessary, they may a,13 require the petitioner or owner to furnish for their use maps, plats, and other information a.1a which the pefltioner or owner may have showing the nature, character, and extent of the a.15 proposed undertaking and the situation of lands desired therefor. In proper cases they may a.t5 reserve to the owner aright-of--way or other privilege in or over the land taken, or attach a.t~ reasonable conditions to such taking in addition to the damages given or they may make a.ts an alternative awazd, conditioned upon the granting or withholding of the right specified. a.t9 Without unreasonable delay they shall make a sepazate assessment and award of the a.zo damages which in their judgment will result to each of U1e owners of the land by reason a.z1 of such taking sad report the same to the court. The commissioners shall not reduce the a.zz amount of the damages awarded becauso the land being taken is, at the lima of the taking, a.23 valued under section 273.111, designated as an agricultural preserve under chapter 473H. a.za The commissioners, in all such proceedings, may in their discretion allow and show a.zs separately i11 addition to the award of damages, reasonable appraisal fees not to exceed a a.zG total of $S00 $1,500 for sin¢le family and two-family residential property and $5 000 for a.n other tomes of property. Upon request of an owner the commissioners shall show in their azs repoR the amount of the award of damages which is to reimburse the owner and tenant a.zs or lessee for the value of the land taken, and the amount of the award of damages, if a.3o any, which is to reimburse the owner and tenant or lessee for damages to the remainder 4.31 involved, whether or not described in the petition. The amounts awarded to each person 4.32 shall also be shown separately. The commissioners shall, if requested by any party, make a.33 at1 express finding of the estimated cost of removal and remedial actions that will be 4.34 accessary on the taken property bocause of existing environmental aontaminaGon. Sec. 5. q