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H.F. No. 2895, as introduced - 84th Legislative Session (2005-2006) Page 1 of 8
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<br />H.F. No. 2895, as introduced - 84th Legislative Session (2005-2006) Posted on Feb 16, 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 requir
<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, t
<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 REQIIIRENENTS
<br />1 .13
<br />1 .14 YIIADGCw,iS.
<br />1 .15 Subdivision 1. Application. This section applies to the acquisition of
<br />1 .16 tar gubliF'^:~~~, ^t,.r. °.^ ^...,^ ,,, °.... ...-~.. ..;~ c_^;,;
<br />1 .17 ~-^^^^^-~^~~^^ °,^~'~~'^^ 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 reasona;=
<br />1. 22 '^^^' 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_,co~y _of
<br />--- _-
<br />1. 24 at the time an offer is made, but no later than 20 days before presenting
<br />1. 25 section 117.055, *'~° ^ •~'~^°~ ~^ m •' a^ ~''^ ' ~'^ ^
<br />1. 26 ~~ and inform the ^` ~''° fee owner or contract purcha
<br />2. 1 to obtain an appraisal under this section. Upon request, the acquiring cut
<br />2. 2 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 •.:i~'~'^ '^ a, •^ ,'~^'- ~'^^ 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 bA 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, '
<br />2. 16 property" has the meaning given in section 583.22, subdivision 2.
<br />2. 17 (c) The acquiring authority must pay the reimbursement to the fee owner ox
<br />http://www.revisor.legstate.mn.us/bin/bldbill.php?bill=H2895.0.htm1&session=1s84 3/9/2006
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