Bill Text: MN HF3253 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Eminent domain appraisal and attorney fee requirements modified.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-03-21 - Introduction and first reading, referred to Civil Law [HF3253 Detail]
Download: Minnesota-2013-HF3253-Introduced.html
1.2relating to eminent domain; modifying appraisal and attorney fee requirements;
1.3amending Minnesota Statutes 2012, sections 117.031; 117.036, subdivisions 2, 4.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 117.031, is amended to read:
1.6117.031 ATTORNEY FEES.
1.7(a) If the final judgment or award for damages, as determined at any level in the
1.8eminent domain process, is more than 40 percent greater than the last written offer of
1.9compensation made by the condemning authority prior to the filing of the petition or, if
1.10the owner provided the acquiring authority with an appraisal, the last written offer made
1.11after receipt of the appraisal by the condemning authority, the court shall award the owner
1.12reasonable attorney fees, litigation expenses, appraisal fees, other experts fees, and other
1.13related costs in addition to other compensation and fees authorized by this chapter. If the
1.14final judgment or award is at least 20 percent, but not more than 40 percent, greater than
1.15the last written offer, the court may award reasonable attorney fees, expenses, and other
1.16costs and fees as provided in this paragraph. The final judgment or award of damages
1.17shall be determined as of the date of taking. No attorney fees shall be awarded under this
1.18paragraph if the final judgment or award of damages does not exceed $25,000. For the
1.19purposes of this section, the "final judgment or award for damages" does not include any
1.20amount for loss of a going concern unless that was included in the last written offer by
1.21the condemning authority.
1.22(b) In any case where the court determines that a taking is not for a public use or
1.23is unlawful, the court shall award the owner reasonable attorney fees and other related
2.1expenses, fees, and costs in addition to other compensation and fees authorized by this
2.2chapter.
2.3 Sec. 2. Minnesota Statutes 2012, section 117.036, subdivision 2, is amended to read:
2.4 Subd. 2. Appraisal. (a) Before commencing an eminent domain proceeding under
2.5this chapter, the acquiring authority must obtain at least one appraisal for the property
2.6proposed to be acquired. In making the appraisal, the appraiser must confer with one
2.7or more of the owners of the property, if reasonably possible. Notwithstanding section
2.813.44
, the acquiring authority must provide the owner with a copy of each appraisal the
2.9acquiring authority has obtained for the property at the time an offer is made, but no later
2.10than 60 days before presenting a petition under section117.055 , and inform the owner of
2.11the right to obtain an appraisal under this section. Upon request, the acquiring authority
2.12must make available to the owner all appraisals of the property. If the acquiring authority
2.13is considering both a full and partial taking of the property, the acquiring authority shall
2.14obtain and provide the owner with appraisals for both types of takings.
2.15(b) The owner may obtain an appraisal by a qualified appraiser of the property
2.16proposed to be acquired. The owner is entitled to reimbursement for the reasonable costs
2.17of the appraisal from the acquiring authority up to a maximum of $1,500 for single family
2.18and two-family residential property and minimum damage acquisitions and $5,000 for
2.19other types of property, provided that the owner submits to the acquiring authority the
2.20information necessary for reimbursement, including a copy of the owner's appraisal, at
2.21leastfive 30 days before a condemnation commissioners' hearing. For purposes of this
2.22paragraph, a "minimum damage acquisition" means an interest in property that a qualified
2.23person with appraisal knowledge indicates can be acquired for a cost of $10,000 or less.
2.24(c) The acquiring authority must pay the reimbursement to the owner within 30
2.25days after receiving a copy of the appraisal and the reimbursement information. Upon
2.26agreement between the acquiring authority and the owner, the acquiring authority may pay
2.27the reimbursement directly to the appraiser.
2.28(d) At the time an owner rejects a written offer of compensation from the acquiring
2.29authority or makes a counteroffer, the owner shall provide the acquiring authority with
2.30a copy of any appraisal of the property that has been obtained by the owner and not
2.31previously provided to the acquiring authority. If the owner subsequently obtains an
2.32appraisal, the owner shall provide the acquiring authority with a copy of the appraisal
2.33within ten days of obtaining the appraisal.
2.34 Sec. 3. Minnesota Statutes 2012, section 117.036, subdivision 4, is amended to read:
3.1 Subd. 4. Use of appraisal at commissioners' hearing. An appraisal must not be
3.2used or considered in a condemnation commissioners' hearing, nor may the appraiser who
3.3prepared the appraisal testify, unless a copy of the appraiser's written report is provided to
3.4the opposing party at leastfive 30 days before the hearing, or at an earlier time required
3.5under subdivision 2, paragraph (d).
1.3amending Minnesota Statutes 2012, sections 117.031; 117.036, subdivisions 2, 4.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 117.031, is amended to read:
1.6117.031 ATTORNEY FEES.
1.7(a) If the final judgment or award for damages, as determined at any level in the
1.8eminent domain process, is more than 40 percent greater than the last written offer of
1.9compensation made by the condemning authority prior to the filing of the petition or, if
1.10the owner provided the acquiring authority with an appraisal, the last written offer made
1.11after receipt of the appraisal by the condemning authority, the court shall award the owner
1.12reasonable attorney fees, litigation expenses, appraisal fees, other experts fees, and other
1.13related costs in addition to other compensation and fees authorized by this chapter. If the
1.14final judgment or award is at least 20 percent, but not more than 40 percent, greater than
1.15the last written offer, the court may award reasonable attorney fees, expenses, and other
1.16costs and fees as provided in this paragraph. The final judgment or award of damages
1.17shall be determined as of the date of taking. No attorney fees shall be awarded under this
1.18paragraph if the final judgment or award of damages does not exceed $25,000. For the
1.19purposes of this section, the "final judgment or award for damages" does not include any
1.20amount for loss of a going concern unless that was included in the last written offer by
1.21the condemning authority.
1.22(b) In any case where the court determines that a taking is not for a public use or
1.23is unlawful, the court shall award the owner reasonable attorney fees and other related
2.1expenses, fees, and costs in addition to other compensation and fees authorized by this
2.2chapter.
2.3 Sec. 2. Minnesota Statutes 2012, section 117.036, subdivision 2, is amended to read:
2.4 Subd. 2. Appraisal. (a) Before commencing an eminent domain proceeding under
2.5this chapter, the acquiring authority must obtain at least one appraisal for the property
2.6proposed to be acquired. In making the appraisal, the appraiser must confer with one
2.7or more of the owners of the property, if reasonably possible. Notwithstanding section
2.9acquiring authority has obtained for the property at the time an offer is made, but no later
2.10than 60 days before presenting a petition under section
2.11the right to obtain an appraisal under this section. Upon request, the acquiring authority
2.12must make available to the owner all appraisals of the property. If the acquiring authority
2.13is considering both a full and partial taking of the property, the acquiring authority shall
2.14obtain and provide the owner with appraisals for both types of takings.
2.15(b) The owner may obtain an appraisal by a qualified appraiser of the property
2.16proposed to be acquired. The owner is entitled to reimbursement for the reasonable costs
2.17of the appraisal from the acquiring authority up to a maximum of $1,500 for single family
2.18and two-family residential property and minimum damage acquisitions and $5,000 for
2.19other types of property, provided that the owner submits to the acquiring authority the
2.20information necessary for reimbursement, including a copy of the owner's appraisal, at
2.21least
2.22paragraph, a "minimum damage acquisition" means an interest in property that a qualified
2.23person with appraisal knowledge indicates can be acquired for a cost of $10,000 or less.
2.24(c) The acquiring authority must pay the reimbursement to the owner within 30
2.25days after receiving a copy of the appraisal and the reimbursement information. Upon
2.26agreement between the acquiring authority and the owner, the acquiring authority may pay
2.27the reimbursement directly to the appraiser.
2.28(d) At the time an owner rejects a written offer of compensation from the acquiring
2.29authority or makes a counteroffer, the owner shall provide the acquiring authority with
2.30a copy of any appraisal of the property that has been obtained by the owner and not
2.31previously provided to the acquiring authority. If the owner subsequently obtains an
2.32appraisal, the owner shall provide the acquiring authority with a copy of the appraisal
2.33within ten days of obtaining the appraisal.
2.34 Sec. 3. Minnesota Statutes 2012, section 117.036, subdivision 4, is amended to read:
3.1 Subd. 4. Use of appraisal at commissioners' hearing. An appraisal must not be
3.2used or considered in a condemnation commissioners' hearing, nor may the appraiser who
3.3prepared the appraisal testify, unless a copy of the appraiser's written report is provided to
3.4the opposing party at least
3.5under subdivision 2, paragraph (d).
