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H.F. No. 2846, 5th Engrossment - 84th Legislative Session (2005-2006) Page 5 of 7 6.3 condemning authority establishes any of the following by clear and convincing evidence: 6.4 (1) the loss is not caused by the taking of the property or the injury to the remainder 6.5 (2) the loss can be reasonably prevented by relocating the business or trade in the 6.6 same or a similar and reasonably suitable location as the property that was taken or by 6.7 taking steps and adopting procedures that a reasonablyprudent person of a similar age 6.8 and under similar conditions as the owner, would take and adopt in preserving the going 6.9 concern of the business or trade or 6.10 (3) compensation for the loss of going concern will be duplicated in the 6.11 compensation otherwise awarded to the owner. 6.12 Subd. 3. Procedure. In all cases where an owner will seek compensation for loss 6.13 of a going concern, the damages, if any shall in the first instance be determined by the 6.14 commissioners under section 117 105 as part of the compensation due to the owner The 6.15 owner shall notify the condemning authority of the owner's intent to claim compensation 6.16 for loss of going concern within 60 days of the first hearing before the court as provided 6.17 in section 117.075. The commissioner's decision regarding any award for Toss ofgoing 6.18 concern may be appealed by any party in accordance with section 117 145. 6.19 Subd. 4. Use of appraisal at commissioners' hearing. An appraisal of the going 6.20 concern must not be used or considered in a condemnation commissioner's hearing nor 6.21 may the appraiser who prepared the appraisal testify, unless a copy of the appraiser's 6.22 written report is provided to the opposing party at least five days before the hearing_ 6.23 Sec. 9. [117.1865] COMPENSATION FOR LOSS OF ACCESS. 6.24 An owner, as defined in section 117.025 may bring an action for damages and must 6.25 be compensated by the governmental entity if the owner establishes that the governmental 6.26 entity's action permanently eliminated 51 percent or more of the driveway access into and 6.27 out of the place of business, and that as a result the owner has a loss of revenues of 51 6.28 percent or mare. Determination of the loss must be based on a comparison of revenues in 6.29 the year immediately prior to the project resulting in the loss of access 6.30 A claim for compensation under this section must be made no later than one year 6.31 after the completion of the project that eliminated the driveway access Compensation 6.32 must not exceed (1) the addition of revenue from the two previous years minus U the 6.33 addition of cost of goods sold from the two previous years 6.34 Sec. 10. [117.187] MINIMUM COMPENSATION. 7.1 When an owner must relocate the amount of damages payable at a minimum must 7.2 be sufficient for an owner to purchase a comparable property in the community and not 7.3 less than the condemning authority's payment or deposit under section 117 042 to the 7.4 extent the damages will not be duplicated in the compensation otherwise awarded to 7.5 the owner of the property. 7.6 Sec. 11. [117.188] LIMITATIONS. 7.7 The condemning authority may not require the owner to accept as part of the 7.8 compensation due any substitute or replacement property Nor shall the condemning 7.9 authority require the owner to accept the return of property acouired or any portion thereof http://www.revisor.leg. state.mn.us/bin/bldbill.php?bill=H2846. S.html&session=ls84&print=l 4/7/2006