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H.F. No. 2895, as introduced - 84th Legislative Session (2005-2006) Page 1 of 11 ¢: Legislature Horne ~ Links to the 1Norld (Help (Ac ~;#f. ~I~nnes~t~ l~~~is~ c~~' R+~pre~entt~ves House I Senate I Joint Departments and Commissions I Bill Search and Status I S#atutes, Laws, and Rules H.F. No. 2895, as introduced - 84th Legislative Session (2005-2006) Posted on Feb 16, 2006 1.1 A bill for an act 1.2 relating to eminent domain; providing for and regulating the use of eminent 1.3 domain; providing for notice, hearing, appeal, and other procedural requirements; 1.4 allowing attorney fees under certain conditions; providing for a right of first 1.5 refusal; providing definitions; making clarifying, conforming, and technical 1.6 changes; amending Minnesota Statutes 2004, sections 117.036; 117.055; 1.7 117.075, by adding subdivisions; 117.085; 117.51; 117.52, subdivision 1, by 1.8 adding a subdivision; 163.12, subdivisions 1 a, 1 b; 469.012, subdivision 1 g; 1.9 proposing coding for new law in Minnesota Statutes, chapters 117; 469. 1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.11 Section 1. Minnesota Statutes 2004, section 117.036, is amended to read: 1.12 117.036 APPRAISAL AND NEGOTIATION REQUIREMENTS 1.13 Tli "~v /1111~ITIA\I AC 1'f~Al']C ~Tt~ AD TEA\I t+~l1~TA TI/'1\I v~~~i--~~ ~v 1.14 1.15 Subdivision 1. Application. This section applies to the acquisition of property 1.16 , 1.17 under this chapter. 1.18 Subd. 2. Appraisal. (a) Before commencing an eminent domain proceeding under 1.19 this chapter, the acquiring authority must obtain at least one appraisal for the property 1.20 proposed to be acquired. In making the appraisal, the appraiser must confer with one or 1.21 more of the fee owners or contract purchasers of the property, if reasonably possible. 1.22 Notwithstanding section 13 44 or any other law to the contrary the acquiring 1.23 authority must provide the fee owner or contract purchaser with a copy of the appraisal 1.24 at the time an offer is made, but no later than 20 days before presenting a petition under 1.25 section 117.055, 1.26 a+se+ and inform the fee owner or contract purchaser of the right 2.1 to obtain an appraisal under this section. Upon request the acquiring authority must make 2.2 available to the fee owner or contract purchaser all appraisals of the property. 2.3 (b) The fee owner or contract purchaser may obtain an appraisal by a qualified 2.4 appraiser of the property proposed to be acquired. The fee owner or contract purchaser 2.5 is entitled to reimbursement for the reasonable costs of the appraisal from the acquiring 2.6 authority up to a maximum of $1,500 for single family and 2.7 two-family residential property agricultural property and minimum damage acquisitions 2.8 and $5 000 for other types of property provided that the fee owner or contract purchaser 2.9 submits to the acquiring authority the information necessary for reimbursement, ~e~+~ed 2.10 including_a copy of the fee owner's or contract purchaser's 2.11 appraisal, within a99 90 days after `"~ ~••~~~~ ~~~~~••~~ receiving the appraisal from the http://www.revisor.leg. state.mn.us/bin/bldbill.php?bill=H2895.O.html&session=ls84&print... 2/28/2006