reglab/housing_qa huggingface dataset:
MN Stat § 117.027 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.027 — Condemnation For Blight Mitigation And Contamination Remediation.

117.027 CONDEMNATION FOR BLIGHT MITIGATION AND CONTAMINATION REMEDIATION. Subdivision 1. Buildings not structurally substandard in areas of blight mitigation; feasible alternatives. In taking property to mitigate blight, a condemning authority must not take buildings that are not structurally substandard unless there is no feasible alternative to the taking of the parcels on which the buildings are located in order to remediate the blight and all possible steps are taken to minimize the taking of buildings that are not structurally substandard. Subd. 2. Uncontaminated property in environmental contamination remediation areas; feasible alternatives. In taking property to remediate environmental contamination, a condemning authority must not take uncontaminated parcels in the area unless there is no feasible alternative to the taking of the uncontaminated parcels in order to complete remediation of the contaminated parcels and all possible steps are taken to minimize the taking of the uncontaminated parcels. Subd. 3. Contribution to condition by developer disallowed. If a developer involved in the redevelopment of the project area contributed to the blight or environmental contamination within the project area, the condition contributed to by the developer must not be used in the determination of blight or environmental contamination. History:   2006 c 214 s 3
MN Stat § 117.031 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.031 — Attorney Fees.

117.031 ATTORNEY FEES. (a) If the final judgment or award for damages, as determined at any level in the eminent domain process, is more than 40 percent greater than the last written offer of compensation made by the condemning authority prior to the filing of the petition, the court shall award the owner reasonable attorney fees, litigation expenses, appraisal fees, other experts fees, and other related costs in addition to other compensation and fees authorized by this chapter. If the final judgment or award is at least 20 percent, but not more than 40 percent, greater than the last written offer, the court may award reasonable attorney fees, expenses, and other costs and fees as provided in this paragraph. The final judgment or award of damages shall be determined as of the date of taking. No attorney fees shall be awarded under this paragraph if the final judgment or award of damages does not exceed $25,000. For the purposes of this section, the "final judgment or award for damages" does not include any amount for loss of a going concern unless that was included in the last written offer by the condemning authority. (b) In any case where the court determines that a taking is not for a public use or is unlawful, the court shall award the owner reasonable attorney fees and other related expenses, fees, and costs in addition to other compensation and fees authorized by this chapter. History:   2006 c 214 s 4
MN Stat § 117.035 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.035 — Proceedings, By Whom Instituted.

117.035 PROCEEDINGS, BY WHOM INSTITUTED. If such property be required for any authorized purpose of the state, the proceeding shall be taken in the name of the state by the attorney general upon request of the officer, board, or other body charged by law with the execution of such purpose; if by a corporation or other body, public or private, authorized by law to exercise the power of eminent domain, in its corporate or official name and by the governing body thereof; and if by an individual so authorized, in the individual's own name. History:  1971 c 595 s 4; 1986 c 444; 2006 c 214 s 20
MN Stat § 117.0412 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.0412 — Local Government Public Hearing Requirements.

117.0412 LOCAL GOVERNMENT PUBLIC HEARING REQUIREMENTS. Subdivision 1. Definitions. For the purposes of this section: (1) "local government" means the elected governing body of a statutory or home rule charter city, county, or township; and (2) "local government agency" means a subdivision, agency, authority, or other entity created by or whose members are appointed by the local government, including a port authority, economic development authority, housing and redevelopment authority, or other similar entity established under law. Subd. 2. Public hearing; vote by local government governing body. (a) If the taking is for the mitigation of a blighted area, remediation of an environmentally contaminated area, reducing abandoned property, or removing a public nuisance, a public hearing must be held before a local government or local government agency commences an eminent domain proceeding under section 117.055. The local government must notify each owner of property that may be acquired in writing by certified mail of the public hearing on the proposed taking, post the public hearing information on the local government's website, if any, and publish notice of the public hearing in a newspaper of general circulation in the local government's jurisdiction. Notice must be provided at least 30 days but not more than 60 days before the hearing. (b) Any interested person must be allowed reasonable time to present relevant testimony at the public hearing. The proceedings of the hearing must be recorded and available to the public for review and comment at reasonable times and a reasonable place. At the next regular meeting of the local government that is at least 30 days after the public hearing, the local government must vote on the question of whether to authorize the local government or local government agency to use eminent domain to acquire the property. Subd. 3. Resolution. If the taking is for the mitigation of a blighted area, remediation of an environmentally contaminated area, reducing abandoned property, or removing a public nuisance, then the resolution of a local government or local government agency authorizing the use of eminent domain must: (1) identify and describe the public costs and benefits that are known or expected to result from the program or project for which the property interest is proposed to be acquired; and (2) address how the acquisition of the property interest serves one or more identified public uses or public purposes and why the acquisition of the property is needed to accomplish those public uses or public purposes. History:   2006 c 214 s 6
MN Stat § 117.042 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.042 — Possession.

117.042 POSSESSION. Whenever the petitioner shall require title and possession of all or part of the owner's property prior to the filing of an award by the court appointed commissioners, the petitioner shall, at least 90 days prior to the date on which possession is to be taken, notify the owner of the intent to possess by notice served by certified mail and before taking title and possession shall pay to the owner or deposit with the court an amount equal to petitioner's approved appraisal of value. Amounts deposited with the court shall be paid out under the direction of the court. If it is deemed necessary to deposit the above amount with the court the petitioner may apply to the court for an order transferring title and possession of the property or properties involved from the owner to the petitioner. In all other cases, petitioner has the right to the title and possession after the filing of the award by the court appointed commissioners as follows: (1) if appeal is waived by the parties upon payment of the award; (2) if appeal is not waived by the parties upon payment or deposit of three-fourths of the award. The amount deposited shall be deposited by the court administrator in an interest bearing account no later than the business day next following the day on which the amount was deposited with the court. All interest credited to the amount deposited from the date of deposit shall be paid to the ultimate recipient of the amount deposited. Nothing in this section shall limit rights granted in section 117.155. History:  1971 c 595 s 6; 1975 c 218 s 1; 1976 c 72 s 1; 1978 c 674 s 60; 1981 c 8 s 1; 1Sp1986 c 3 art 1 s 82
MN Stat § 117.043 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.043 — Compelling Delivery Of Possession.

117.043 COMPELLING DELIVERY OF POSSESSION. Subdivision 1. Conditions required for court to issue relief. A court having jurisdiction over an eminent domain proceeding may issue an order compelling delivery of possession of the property under any of the following conditions: (1) the court has issued an order authorizing transfer of title and possession and the petitioner has paid or deposited its approved appraisal value under section 117.042; or (2) the petitioner has acquired title of the real estate. If one of these conditions is met, the court may issue an order compelling delivery of possession of the property upon: (i) the affidavit of the petitioner; (ii) notice to the occupants of the acquired real estate and others claiming a right to remain in possession of it; and (iii) a hearing. Notice of the hearing must be given in the same way as notice of a motion under the Rules of Civil Procedure. In case of hardship the court may delay enforcement of an order compelling delivery of possession for a period not to exceed seven days. Unless otherwise allowed by the court, the matter must be considered solely on the basis of arguments of counsel and affidavits. Subd. 2. Award of fees and costs. Following notice and hearing, if the occupant, in bad faith, has failed to deliver possession of the real estate in accordance with either an order issued under section 117.042 or an order issued under this section, the court, upon application by the petitioner, may award to the petitioner, and against the occupant, the attorney fees, costs, and disbursements that were actually incurred by the petitioner in getting possession of the real estate. History:   1987 c 287 s 1
MN Stat § 117.045 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.045 — Compelling Acquisition In Certain Cases.

117.045 COMPELLING ACQUISITION IN CERTAIN CASES. Upon successfully bringing an action compelling an acquiring authority to initiate eminent domain proceedings relating to a person's real property which was omitted from any current or completed eminent domain proceeding, such person shall be entitled to petition the court for reimbursement for reasonable costs and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred in bringing such action. Such costs and expenses shall be allowed only in accordance with the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Statutes at Large, volume 84, page 1894 (1971), any acts amendatory thereof, any regulations duly adopted pursuant thereto, or rules duly adopted by the state of Minnesota, its agencies or political subdivisions pursuant to law. History:  1971 c 595 s 7; 1985 c 248 s 70; 1986 c 444
MN Stat § 117.054 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.054 — Copies Of Appraisal To Landowner.

117.054 COPIES OF APPRAISAL TO LANDOWNER. A public utility, municipal utility, cooperative electric association, natural gas pipeline or crude oil or petroleum products pipeline company must provide the property owner with a copy of each appraisal it has obtained for a property before presenting a petition under section 117.055 to acquire the property. History:   2008 c 296 art 1 s 4
MN Stat § 117.055 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.055 — Petition And Notice.

117.055 PETITION AND NOTICE. Subdivision 1. Petition. In all cases a petition, describing the desired land, stating by whom and for what purposes it is proposed to be taken, and giving the names of all persons appearing of record or known to the petitioner to be the owners thereof shall be presented to the district court of the county in which the land is situated praying for the appointment of commissioners to appraise the damages which may be occasioned by such taking. Subd. 2. Notice. (a) Notice of the objects of the petition and of the time and place of presenting the same shall be served at least 20 days before such time of presentation upon all persons named in the petition as owners as defined in section 117.025, subdivision 3, and upon all occupants of such land in the same manner as a summons in a civil action. (b) The notice must state that: (1) a party wishing to challenge the public use or public purpose, necessity, or authority for a taking must appear at the court hearing and state the objection or must appeal within 60 days of a court order; and (2) a court order approving the public use or public purpose, necessity, and authority for the taking is final unless an appeal is brought within 60 days after service of the order on the party. (c) If any such owner be not a resident of the state, or the owner's place of residence be unknown to the petitioner, upon the filing of an affidavit of the petitioner or the petitioner's agent or attorney, stating that the petitioner believes that such owner is not a resident of the state, and that the petitioner has mailed a copy of the notice to the owner at the owner's place of residence, or that after diligent inquiry the owner's place of residence cannot be ascertained by the affiant, then service may be made upon such owner by three weeks' published notice. If the state be an owner, the notice shall be served upon the attorney general. Any owner not served as herein provided shall not be bound by such proceeding except upon voluntarily appearing therein. Any owner shall be furnished a right-of-way map or plat of all that part of land to be taken upon written demand, provided that the petitioner shall have ten days from the receipt of the demand within which to furnish the same. Any plans or profiles which the petitioner has shall be made available to the owner for inspection. History:  1971 c 595 s 8; 1986 c 444; 2006 c 214 s 7
MN Stat § 117.065 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.065 — Notices Of Pendency And Abandonment; Required Recordings.

117.065 NOTICES OF PENDENCY AND ABANDONMENT; REQUIRED RECORDINGS. At the time of filing the petition the petitioner shall record a notice of the pendency of the proceeding, describing with reasonable certainty the lands affected and for what purpose they are to be taken. The notice shall be recorded as follows: (1) if the lands are registered lands, with the registrar of titles; (2) if the lands are nonregistered, with the county recorder; (3) if the lands are both registered and nonregistered, with both the registrar and the county recorder. If the proceeding be abandoned in whole or in part the petitioner shall within ten days thereafter record a notice to that effect, describing with reasonable certainty the lands so abandoned. The notice of abandonment shall be recorded in the same places as the notice of the pendency of the proceeding. History:  1971 c 595 s 9; 1976 c 181 s 2; 1995 c 106 s 1; 2005 c 4 s 29
MN Stat § 117.085 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.085 — Commissioners, Powers, Duties.

117.085 COMMISSIONERS, POWERS, DUTIES. The commissioners, having been duly sworn and qualified according to law, shall meet as directed by the order of appointment and hear the allegations and proofs of all persons interested touching the matters to them committed. They may adjourn from time to time and from place to place within the county, giving oral notice to those present of the time and place of their next meeting. All testimony taken by them shall be given publicly, under oath, and in their presence. They shall view the premises, and any of them may subpoena witnesses, which shall be served as subpoenas in civil actions are served, and at the cost of the parties applying therefor. If deemed necessary, they may require the petitioner or owner to furnish for their use maps, plats, and other information which the petitioner or owner may have showing the nature, character, and extent of the proposed undertaking and the situation of lands desired therefor. In proper cases they may reserve to the owner a right-of-way or other privilege in or over the land taken, or attach reasonable conditions to such taking in addition to the damages given or they may make an alternative award, conditioned upon the granting or withholding of the right specified. Without unreasonable delay they shall make a separate assessment and award of the damages which in their judgment will result to each of the owners of the land by reason of such taking and report the same to the court. The commissioners shall not reduce the amount of the damages awarded because the land being taken is, at the time of the taking, valued under section 273.111, designated as an agricultural preserve under chapter 473H. The commissioners, in all such proceedings, may in their discretion allow and show separately in addition to the award of damages, reasonable appraisal fees not to exceed a total of $1,500 for single family and two-family residential property and minimum damage acquisitions and $5,000 for other types of property, unless the appraised fee was reimbursed under section 117.036. Upon request of an owner the commissioners shall show in their report the amount of the award of damages which is to reimburse the owner and tenant or lessee for the value of the land taken, and the amount of the award of damages, if any, which is to reimburse the owner and tenant or lessee for damages to the remainder involved, whether or not described in the petition. The amounts awarded to each person shall also be shown separately. The commissioners shall, if requested by any party, make an express finding of the estimated cost of removal and remedial actions that will be necessary on the taken property because of existing environmental contamination. History:  1971 c 595 s 11; 1987 c 339 s 1; 1991 c 224 s 2; 1999 c 161 s 1; 2006 c 214 s 9
MN Stat § 117.086 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.086 — Noncontiguous Tracts, Treatment As Unit.

117.086 NONCONTIGUOUS TRACTS, TREATMENT AS UNIT. Subdivision 1. Certain land considered as a unit. In all eminent domain proceedings brought under this chapter noncontiguous tracts of land may be considered as a unit for the purpose of the assessment of the damages for a taking from only one of such tracts, provided that the use to which the tracts are applied is so connected, that the taking from one in fact damages the other. Subd. 2. Notice of appeal. In the event that an appeal is taken, a party claiming a unity in noncontiguous tracts shall give notice thereof in the notice of appeal as provided in section 117.145. Subd. 3. Determination of taking, damage. The petitioner, after receiving notice that the landowner claims a unity in noncontiguous tracts, may upon ten days' written notice to the landowner, move the court for its order determining whether, as a matter of law, the landowner has suffered a taking of, or damage to, noncontiguous tracts by reason of the eminent domain proceedings brought under this chapter. History:  1971 c 595 s 17; 1986 c 444
MN Stat § 117.087 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.087 — Prepayment Penalties; Damages.

117.087 PREPAYMENT PENALTIES; DAMAGES. When property is taken pursuant to this chapter and it is security for a loan or advance of credit with a provision requiring or permitting the imposition of a penalty if the loan or advance of credit is prepaid, the cost of the penalty is an item of damages which shall be separately stated. When property is purchased by a body having the power of eminent domain the buyer shall inquire whether it is security for a loan or advance of credit with a provision requiring or permitting the imposition of a penalty if the loan or advance of credit is prepaid and, if so, the penalty shall be an item considered by the parties in the negotiation of the price. History:  1978 c 623 s 1; 2006 c 214 s 20
MN Stat § 117.105 (2021)
2021 Minnesota Statutes|Chapters 117 - 119 — Eminent Domain; Local Depositories And Investments|Chapter 117 — Eminent Domain|Section 117.105 — Filing Of Report, Time, Failure To Report.

117.105 FILING OF REPORT, TIME, FAILURE TO REPORT. Subdivision 1. Filing of report. The report of the commissioners shall be filed with the court administrator of district court within 90 days from the date of the order appointing the commissioners, unless such order otherwise prescribes, but for cause shown upon written motion of the petitioner and not less than three days' notice thereof duly served by mail or otherwise upon such respondents, or their attorneys who entered an appearance at the hearing on the petition or notified the petitioner of their formal appearance, the court may extend the time for making and filing the report. If the petitioner serves such motion and notice thereof by mail, such service shall be at least six days prior to the date of the hearing on the motion. Subd. 2. Failure to file report. If the commissioners fail to file their report within the time provided by the order appointing the commissioners, or within any extension of time to file granted by the court, any owner may upon motion, after due notice to the petitioner, have the proceedings set aside as to that owner; but, for cause shown, the court may extend the time for making their report. If the proceedings are set aside as to any individual owner, that owner shall be entitled to reimbursement for reasonable costs and disbursements including attorney's fees. History:  1971 c 595 s 13; 1986 c 444; 1Sp1986 c 3 art 1 s 82