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S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 9 of 12 11.8 for compensation under this section must be made no later than one year after completion 11.9 of the project which eliminated the driveway access 11.10 Sec. 12. [117.1871 MINIMUM COMPENSATION. 11.11 When an owner must relocate, the amount of damages payable at a minimum must 11.12 be sufficient for an owner to purchase a comparable property in the community and not 11.13 less than the condemning authority's payment or deposit under section 117.042 to the 11.14 extent that the damages will not be duplicated in the compensation otherwise awarded to 11.15 the owner of the property 11.16 Sec. 13. [117.188] LIMITATIONS. 11.17 The condemning authority must not require the owner to accept as part of the 11.18 compensation due any substitute or replacement property The condemning authority 11.19 must not require the owner to accept the return of property acquired or any portion of the 11.20 property. 11.21 Sec. 14. [117.1891 PUBLIC SERVICE CORPORATION EXCEPTIONS. 11.22 Sections 117 012 subdivision 2' 117 036' 117 055 subdivision 2 paragraph (b)' 11.23 117.075, subdivision 1b' 117.186: 117.187 117 188' 117 196' and 117 52 subdivision 1a 11.24 do not apply to public service corporations For purposes of an award of appraisal fees 11.25 under section 117.085 the fees awarded may not exceed $500 for all types of property 11.26 Sec. 15. [117.1981 ATTORNEY FEES. 11.27 Subdivision 1. Judgment or award in excess of last written offer. If the final 11.28 judgment or award of damages is at least 20 percent greater than the last written offer of 11.29 compensation made by the condemning authority before the filing of the petition the court 11.30 may award the owner reasonable attorney fees and costs in addition to other compensation 11.31 and fees authorized by this chapter. 12.1 Subd. 2. Increase in market value. If three months or more pass from the date of 12.2 the last written offer of compensation and the filing of the petition for the purposes of 12.3 determining whether the final judgment or award for damages is more than 20 percent 12.4 greater than the last written offer. the value of the offer must be adjusted on a pro rata basis 12.5 for the annual rate of increase in the estimated market value of existing~roperty in the 12.6 subject property's use class within the same city or township The annual rate of increase 12.7 shall be derived by comparing the most recent abstract filed with the commissioner of 12.8 revenue under section 270C 89, subdivision 1 with the abstract of the prior year 12.9 Subd. 3. Exception. No attorney fees and costs may be awarded under this section if 12.10 only a portion of a property located not more than 50 feet from the border of the property 12.11 is being acquired and the final judgment or award of damages does not exceed $25 000 12.12 Sec. 16. [117.2261 RIGHT OF FIRST REFUSAL 12.13 (a) Notwithstanding section 161 23 if the governing body of the condemning 12.14 authority determines that publicly owned property acquired under this chapter has not 12.15 been used and is no longer needed for a public use the authority must offer to sell the 12.16 property to the owner from whom it was acquired if the former owner can be located http://www.revisor.legstate.mn.us/bin/bldbill.php?bill=S2750.4.htm1&session=ls84&print=l 4/7/2006