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INFORMATION EDSR 04-10-2006
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INFORMATION EDSR 04-10-2006
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S.F. No. 2750, 4th Engrossment - 84th Legislative Session (2005-2006) Page 4 of 12 <br />4.31 involved in the redevelopment of the aroiect area contributed to the blight or environmental <br />4.32 contamination within the project area the condition contributed to by the developer must <br />4.33 not be used in the determination of blight or environmental contamination. <br />5.1 Sec. 4. Minnesota Statutes 2004, section 117.036, is amended to read: <br />5.2 117.036 APPRAISAL AND NEGOTIATION REQUIREMENTS <br />5.4 ?HR~PA6~6. <br />5.5 Subdivision 1. Application. This section applies to the acquisition of property <br />5.6 <br />5.7 under this chapter. <br />5.8 Subd. 1 a. Definition of owner. For the purposes of this section. "owner" means <br />5.9 fee owner, contract purchaser, or business lessee who is entitled to condemnation <br />5.10 compensation under a lease. <br />5.11 Subd. 2. Appraisal. (a) Before commencing an eminent domain proceeding under <br />5.12 this chapter, the acquiring authority must obtain at least one appraisal for the property <br />5.13 proposed to be acquired. In making the appraisal, the appraiser must confer with one or <br />5.14 more of the owners of the property, if reasonably possible. ^.,t;e~~ The acauiring <br />5.15 authority must provide the owner with a copy of each appraisal the acquiring authority has <br />5.16 obtained for the property at the time an offer is made. but no later than 60 days before <br />5.17 presenting a petition under section 117.055, <br />5.18 and inform the °•••~~- -` "- -°•- -'- owner of the right <br />5.19 to obtain an appraisal under this section. Upon request, the acquiring authority must <br />5.20 make available to the owner all appraisals of the property. If the acquiring authority is <br />5.21 considering both a full and partial taking of the property, the acquiring authority shall <br />5.22 obtain and provide the owner with appraisals for both types of takings <br />5.23 (b) The owner may obtain an appraisal by a qualified appraiser of the property <br />5.24 proposed to be acquired. The owner is entitled to reimbursement for the reasonable costs <br />5.25 of the appraisal from the acquiring authority up to a maximum of $1,500 wiH~ifl-39~deys <br />5.26 a#er~He for single family and two-family residential property agricultural property and <br />5.27 minimum damage acquisitions and $5 000 for other types of property provided that the <br />5.28 owner submits to the acquiring authority the information necessary for reimbursement, <br />5.29 including a copy of the owner's appraisal within 69 90 <br />5.30 days after "- -•••--- ----`••-- receiving the appraisal from the authority under paragraph <br />5.31 (a) and at least five days before a condemnation commissioners' hearing For purposes <br />5.32 of this paragraph a "minimum damage acquisition" means an interest in property that a <br />5.33 qualified person with appraisal knowledge indicates can be acquired for a cost of $10 000 <br />5.34 or less For purposes of this paragraph "agricultural property" has the meaning~iven <br />5.35 in section 583.22, subdivision 2. <br />6.1 (c) The acquiring authority must pav the reimbursement to the owner within 30 <br />6.2 days after receiving a copy of the appraisal and the reimbursement information Upon <br />6.3 agreement between the acquiring authority and the owner, the acouirino authority may pav <br />6.4 the reimbursement directly to the appraiser. <br />6.5 Subd. 3. Negotiation. In addition to the appraisal requirements under subdivision 2, <br />6.6 before commencing an eminent domain proceeding, the acquiring authority must make a <br />http://www.revisor.leg. state.mn.us/bin/bldbill.php?bill=52750.4.htm1&session=ls84&print=l 4/7/2006 <br />
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