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S.F. No. 2694, as introduced - 84th Legislative Session (2005-2006) Page 1 of 8
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<br />S.F. No. 2694, as introduced -84th Legislative Session (2005-2006) Posted on Mar 01, 2006
<br />1 .1 A bill for an act
<br />1 .2 relating to eminent domain; providing for and regulating the use of eminer
<br />1 .3 domain; providing for notice, hearing, appeal, and other procedural re quiz
<br />1 .4 allowing attorney fees under certain conditions; providing for a right of
<br />1 .5 refusal; providing definitions; making clarifying, conforming, and technic
<br />1 .6 changes; amending Minnesota Statutes 2004, sections 117.036; 117.055;
<br />1 .7 117.075, by adding subdivisions; 117.085; 117.51; 117.52, subdivision 1, Y
<br />1 .8 adding a subdivision; 163.12, subdivisions la, lb; 469.012, subdivision lc
<br />1 .9 proposing coding for new law in Minnesota Statutes, chapters 117; 469.
<br />1 .10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
<br />1 .11 Section 1. Minnesota Statutes 2004, section 117.036, is amended to rea
<br />1 .12 117.036 APPRAISAL AND NEGOTIATION REQUIRHMENTS
<br />1 .13
<br />1 .14 RiIADGSYt.
<br />1 .15 Subdivision 1. Application. This section applies to the acquisition of
<br />1 .16 c,.,- i., ~.~; ~,;~x.....7 .. ^.,-°„t^~ ..a^~ .,iio}~cr ai ~~e rt:c, macc Csar~c iT: ~acii;
<br />1 .17 ~r^^^^^°~,~~^^ ',^~'~ under this chapter.
<br />1 .18 Subd. 2. Appraisal. (a) Before commencing an eminent domain proceedinc
<br />1. 19 this chapter, the acquiring authority must obtain at least one appraisal f
<br />1. 20 proposed to be acquired. In making the appraisal, the appraiser must confe
<br />1. 21 more of the fee owners or contract purchasers of the property, if reasonak
<br />1. 22 r~ '°,^~ Notwithstanding section 13.44 or anY other law to the contrary, t
<br />1. 23 authority must provide the fee owner or contract purchaser with a copy of
<br />1. 24 at the time an offer is made, but no later than 20 days before presenting
<br />1. 25 section 117.055, "'° ~"^^°~~~~ ^~^~ •'a^ ~'^^ ~~~~- -
<br />1. 26 ~a1 and inform the ^{ ~'-° fee owner or contract_purcha
<br />2. 1 to obtain an appraisal under this section. Upon request, the acqui r
<br />i ng aut
<br />2. 2 _
<br />available to the fee owner or contract purchaser all appraisals of the prc
<br />2. 3 (b) The fee owner or contract purchaser may obtain~an appraisal by a quali
<br />2. 4 appraiser of the property proposed to be acquired. The fee owner or contra
<br />2. 5 is entitled to reimbursement for the reasonable costs of the appraisal frc
<br />2. 6 authority up to a maximum of $1,500 ,.^~'~~^ '^ a,~^ ,F'-°- ~'^° for single fa
<br />2. 7 two-family residential property, agricultural property, and minimum .damage
<br />2. 8 and $5,000 for other types of property, provided that the fee owner or cor
<br />2. 9 submits to the acquiring authority the information necessary for reimburse
<br />2. 10 including a copy of the fee owner's or contract pux
<br />2. 11 appraisal, within Gal 90 days after "~~ _ receiving the apprai
<br />2. 12 authority under paragraph (a) and at least 30 days before a condemnation c
<br />2. 13 hearing. For purposes of this paragraph a "minimum damage acquisition" me
<br />2. 14 interest in property that a qualified person with appraisal knowledge indi
<br />2. 15 acquired for a cost of $10,000 or less. For purposes of this paragraph, "a
<br />2. 16 property" has the meaning given in sect i
<br />o
<br />n 583.22, subdivision 2.
<br />2. 17 __
<br />_
<br />(c) The acquiring authority must pay the reimbursement to the fee owner ox
<br />http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S2694.0.htm1&session=1s84 3/9/2006
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