GOVERNMENT DATA: PROPERTY APPRAISALS: Data Practices classification of property 

appraisals done for purposes of acquisition discussed. Minn. Stat. §§ 13.44, 117.036 (Supp. 

2003). 

852 

(Cr. Ref. 817, 851) 

April 13, 2004 

Carol Molnau 

Lt. Governor/Commissioner 

Minnesota Department of Transportation 

395 John Ireland Boulevard 

St. Paul, MN 55155-1899 

Dear Commissioner Molnau: 

 Thank you for your letter dated March 9, 2004. 

FACTS AND BACKGROUND

 You state that a newspaper reporter recently requested from the Minnesota Department of 

Transportation (MnDOT) copies of all appraisals held by MnDOT pertaining to certain parcels 

of property that were in the process of being acquired by MnDOT through eminent domain 

procedures. The reporter was not an owner of any of the land in question and did not appear to 

be acting on behalf of any landowner. MnDOT staff provided the reporter access to appraisals 

that had been presented in a commissioner’s hearing held pursuant to Minn. Stat. § 117.085, but 

did not provide access to appraisals which had not been used in the proceedings or otherwise 

shared with the property owners. The reporter then sought the opinion of the Commissioner of 

Administration pursuant to Minn. Stat. § 13.072 (Supp. 2003) as to the appropriate classification 

of the appraisal data withheld by MnDOT. On February 5, 2004, the Commissioner rendered an 

opinion to the effect that all MnDOT appraisals pertaining to a parcel of property become public 

as soon as any appraisal data is provided to the property owner or presented to the court or 

commissioners in an eminent domain proceeding. Dept. of Admin, Adv. Op. 04-005. Based 

upon these facts you ask, “If a condemning authority possesses multiple appraisals of a piece of 

property that is in the process of being condemned and if the condemning authority shares one or 

more of the appraisals with the landowner, what is the status of the remaining appraisals during 

the pendency of the condemnation process?” 
Carol Molnau 

April 13, 2004 

Page 2 

LAW AND ANALYSIS

1. Generally 

 Minn. Stat. § 13.44, subd. 3(a) (2002) provides: 

 Subd. 3. Real property; appraisal data. (a) Confidential or protected 

nonpublic data. Estimated or appraised values of individual parcels of real 

property which are made by personnel of the state, its agencies and departments, 

or a political subdivision or by independent appraisers acting for the state, its 

agencies and departments, or a political subdivision for the purpose of selling or 

acquiring land through purchase or condemnation are classified as confidential 

data on individuals or protected nonpublic data.

1

(Emphasis added.) 

 Minn. Stat. § 13.44, subd. 3(b) (Supp. 2003), however, provides certain exceptions to the 

protections offered by paragraph (a): 

(b) Public data. The data made confidential or protected nonpublic 

by the provisions of paragraph (a) shall become public upon the 

occurrence of any of the following: 

(1) the negotiating parties exchange appraisals 

(2) the data are submitted to a court appointed condemnation commissioner; 

(3) the data are presented in court in condemnation proceedings; 

(4) the negotiating parties enter into an agreement for the purchase and 

sale of the property; or 

(5) the data are submitted to the owner under section 117.036. 

 

1

 This opinion focuses solely on the provisions of Minn. Stat. § 13.44, subd. 3. It does not 

attempt to analyze what Rules of Civil Procedure, if any, may impact the status of the appraisals 

during a condemnation proceeding. 
Carol Molnau 

April 13, 2004 

Page 3 

 First, as noted by Commissioner Brian Lamb, the language in Section 13.44, subd. 3 can 

easily be interpreted in more than one way. First, it can be read in the manner read by the 

Commissioner where all appraisals become public when any of the triggering events in 

Section 13.44, subd. 3(b) takes place with respect to any one appraisal. Alternatively, it can be 

interpreted to mean that only the appraisal that triggers one of the exceptions of Section 13.44, 

subd. 3(b) becomes public when the triggering event occurs. 

2. Legislative History 

 We have attempted to locate the legislative history of Section 13.44, subd. 3 to shed some 

light on the legislature’s intent in enacting the law. Unfortunately, we were unable to locate any 

information relative to the enactment of the law. We were able to locate some legislative 

history, however, with respect to the amendment enacted in 2003 which added clause (5) to 

Section 13.44, subd. 3(b). 

 During the Senate Judiciary Committee hearing on April 1, 2003, the amendment adding 

clause (5) was discussed. The amendment also proposed enactment of Minn. Stat. § 117.036, 

which generally requires public authorities to obtain “at least one appraisal” for any property 

proposed to be acquired through condemnation. Minn. Stat. § 117.036, subd. 2 (Supp. 2003). 

That section further requires the public authority to provide the property owner with a copy of 

“the appraisal.” The author of the Senate bill, Senator Don Betzold stated that, under the thencurrent law, the Minnesota Department of Transportation was unable to provide property owners 

with copies of appraisals because they were considered confidential data. The purpose of the bill 

was to enable public authorities to share appraisal data with property owners so they could 

understand the basis of the offer and to hopefully reach an agreement with the acquiring 

authority without having to resort to litigation. A bill amending Section 13.44, subd. 3(b)(5) and 

adopting section 117.036 was ultimately enacted by the legislature. 

3. Minn. Stat. § 13.44, subd. 3(b)(2), (3), and (5) 

 As noted above, clause (5), as well as clauses (2) and (3), refers to the disclosure of 

“data” when “the data” are “submitted” or “presented” to specified persons or in specified 

proceedings. Because the exceptions in these clauses are for data submitted or presented only in 

certain, specific ways, it appears most reasonable to interpret these clauses to permit public 

disclosure of only the data that are so “submitted” or “presented”. As a result, any data which is 

not submitted to a court appointed condemnation commissioner, not presented in court, and not 

submitted to the landowner pursuant to section 117.036 would not become public data.2

 

2

 Clause (5) refers only to “the data” ... submitted to the owners under section 117.036. That 

section states, in pertinent part: 

(Footnote Continued on Next Page) 
Carol Molnau 

April 13, 2004 

Page 4 

4. Minn. Stat. § 13.44, subd. 3(b)(1) and (4) 

 Clause (1) states that confidential appraisal data becomes public when “negotiating 

parties exchange appraisals.” Clause (4) provides that such data becomes public when “the 

negotiating parties enter into an agreement for the purchase or sale of the property.” These 

clauses do not contain the limiting reference to “the data” contained in clauses (2), (3) and (5). 

Thus, it appears that all government appraisals become public if one is shared with the owner in 

an exchange of appraisals or if the parties enter into an agreement for the purchase and sale of 

the property. 

CONCLUSION

 We agree with the Commissioner of Administration that all appraisal data deemed 

confidential or protected nonpublic under the provisions of section 13.44, subd. 3(a) becomes 

public if one of the exceptions set forth in section 13.44, subd. 3(b)(1) or (4) applies to any one 

appraisal. 

 

(Footnote Continued from Previous Page) 

Before commencing an eminent domain proceeding under this chapter, the 

acquiring authority must obtain at least one appraisal for the property proposed to 

be acquired. In making the appraisal, the appraiser must confer with one or more 

of the owners of the property, if reasonably possible. At least 20 days before 

presenting a petition under section 117.055, the acquiring authority must provide 

the owner with a copy of the appraisal and inform the owner of the owner’s right 

to obtain an appraisal under this section. 

Minn. Stat. § 117.036, subd. 2(a) (Supp. 2003). As noted, the acquiring authority must obtain 

“at least one appraisal” and provide a copy of “the appraisal” to the owner. In a case where an 

acquiring authority obtains more than one appraisal, the statute does not state that only one 

appraisal must be provided to the landowner. Indeed, the statute is premised on the notion that 

sharing information before having to litigate a case will hopefully result in a negotiated purchase 

rather than a condemnation proceeding. Consequently, if more than one appraisal has been 

obtained by the acquiring authority before providing an appraisal to the owner as required by this 

section, the apparent legislative intent indicates that all of those appraisals should be provided to 

the landowner pursuant to section 117.036, subd. 2. 
Carol Molnau 

April 13, 2004 

Page 5 

 It is our further opinion, however, that a property appraisal classified as confidential or 

protected nonpublic by Minn. Stat. § 13.44, subd. 3(a) does not become public under 

section 13.44, subd. 3(b)(2), (3), or (5) unless that particular appraisal is submitted to a 

condemnation commissioner; is presented in court in a condemnation proceeding; or is submitted 

to a landowner pursuant to Minn. Stat. § 117.036. 

 Very truly yours, 

MIKE HATCH 

Attorney General 

State of Minnesota 

KENNETH E. RASCHKE, JR 

Assistant Attorney General 

(651) 297-1141 (Voice) 

(651) 297-1235 (Fax) 

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